REPUBLIC ACT NO.
10353: AN ACT legitimate targets as combatants that it could
DEFINING AND PENALIZING ENFORCED OR
INVOLUNTARY DISAPPEARANCE
Enforced or involuntary disappearance-
refers to the arrest, detention, abduction or any
other form of deprivation of liberty committed by
agents of the State or by persons or groups of
persons acting with the authorization, support or
acquiescence of the State, followed by a refusal
to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the
disappeared person, which places such person
outside the protection of the law. The following if
violated shall be punishable by a crime of Arresto
Mayor:
 The right against enforced or involuntary
disappearance and the fundamental
safeguards for its prevention shall not be
suspended under any circumstance
including political instability, threat of war,
state of war or other public emergencies
 Any person, not being a principal,
accomplice or accessoryduty to Report
Victims of Enforced or Involuntary
Disappearance toany office, detachment
or division of the (DILG), the Department
of National Defense (DND), (PNP), (AFP),
(NBI), the City or Provincial Prosecutor,
the Commission on Human Rights (CHR)
or any human rights organization and, if
known, the victim’s family, relative, or
lawyer. The said offices also have a Duty
to Certify in Writing on Reported
Disappeared Person’s Whereabouts upon
inquiry.
 If an Inquest/Investigating Public
Prosecutor or any Judicial or Quasi-Judicial
Official or Employee learns that the person
under inquest is one who suffers from this
act he has the duty to immediately
disclose the victim’s whereabouts to his or
her immediate family, relatives, lawyer/s
or to a human rights organization by the
most expedient means.
 There must be and official Up-to-Date
Register of All Persons Detained or
Confined.
Order of Battle-refers to a document made by
the military, police or any law enforcement
agency of the government, listing the names of
persons and organizations that it perceives to be
enemies of the State and which it considers as
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deal with, through the use of means allowed by
domestic and international law.
 An Order of Battle causing the commission
of enforced or involuntary disappearance
is unlawful and cannot be invoked as a
justifying or exempting circumstance. Any
person receiving such an order shall have
the right to disobey it.
Liability of Commanding Officer or Superior.
- The immediate commanding officer of the unit
concerned of the AFP or the immediate senior
official of the PNP and other law enforcement
agencies shall be held liable as a principal under
the following acts:
1. Led, assisted, abetted or allowed, whether
directly or indirectly, the commission
thereof by his or her subordinates.
2. If such commanding officer
a. known or should have known that an
enforced or involuntary disappearance
is being committed, or has been
committed by subordinates or by
others within the officer’s area of
responsibility and,
b. Despite such knowledge, did not take
preventive or coercive action either
before, during or immediately after its
commission,
c. He or she has the authority to prevent
or investigate allegations of enforced
or involuntary disappearance but failed
to prevent or investigate such
allegations, whether deliberately or
due to negligence,
Penal Provisions– The penalty of reclusion
perpetua and its accessory penalties shall be
imposed upon the following persons:
1. Those who directly committed the act of
enforced or involuntary disappearance;
2. Those who directly forced, instigated,
encouraged or induced others to commit
the act of enforced or involuntary
disappearance;
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 3. Those who cooperated in the act of
enforced or involuntary disappearance by
committing another act without which the
act of enforced or involuntary
disappearance would not have been
consummated;
4. Those officials who allowed the act or
abetted in the consummation of enforced
or involuntary disappearance when it is
within their power to stop or uncover the
commission thereof; and
5. Those who cooperated in the execution of
the act of enforced or involuntary
disappearance by previous or
simultaneous acts.
Other notable provisions of this act:
 Independent Liability- can be
prosecuted for other similar special laws
 Exemption from Prosecution- persons
who volunteer information regarding this
act shall be exempted form prosecution
PROVIDED that they are not most guilty
 Continuing offense
- Crime continuous until victim surfaces
alive. If he does not appear alive then
there is no prescription.
- Prescription shall be for 25 years if he
does appear alive
 Persons who are changed with and/or
guilty under this act shall not benefit
from any special amnesty law or other
similar executive measures that shall
exempt them from any penal proceedings
or sanctions.
 No Frustrated Stage
 Applicability of Refouler.–No person
shall be expelled, returned or extradited
to another State where there are
substantial grounds to believe that such
person shall be in danger of being
subjected to enforced or involuntary
disappearance.
 Compensation- R.A. 7309- 10k per year
of confinement.
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REPUBLIC ACT NO. 9851: PHILIPPINE ACT
ON CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE, AND
OTHER CRIMES AGAINST HUMANITY
Definitions:
Apartheid- means inhumane acts committed in
the context of an institutionalized regime of
systematic oppression and domination by one
racial group or groups and committed with the
intention of maintaining that regime
Armed conflict- means any use of force or
armed violence between States or a protracted
armed violence between governmental
authorities and organized armed groups or
between such groups within that State: Provided,
That such force or armed violence gives rise, or
may give rise, to a situation to which the Geneva
Conventions of 12 August 1949, including their
common Article 3, apply. Armed conflict may be
international, that is, between two (2) or more
States, including belligerent occupation; or non-
international, that is, between governmental
authorities and organized armed groups or
between such groups within a state. It does not
cover internal disturbances or tensions such as
riots, isolated and sporadic acts of violence or
other acts of a similar nature
Hors de Combat- means a person who:(1) is in
the power of an adverse party;(2) has clearly
expressed an intention to surrender; or(3) has
been rendered unconscious or otherwise
incapacitated by wounds or sickness and
therefore is incapable of defending himself:
Provided, that in any of these cases, the person
form any hostile act and does not attempt to
escape.
War crimes [Section 4]- are serious violations
of IHL or the laws and customs applicable in
armed conflicts. These conflicts include armed
hostilities between government military and
police forces, on one hand, and rebel groups, on
the other hand, as well as those between rebel
groups.
Three categories of War Crimes:
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 a) In case of an international armed conflict were committing or about to commit
(i.e. between or among states), grave such crimes;
breaches of the four Geneva Conventions b.) That superior failed to take all
of 12 August 1949, listing nine (9) acts necessary and reasonable measures
committed against protected persons or within his/her power to prevent or
property, as defined. repress their commission or to submit
b) In case of a non-international armed the matter to the competent
conflict, serious violations of common authorities for investigation and
Article 3 of the same Geneva Conventions, prosecution.
listing four (4) acts committed against
persons taking no active part in hostilities.  Non-Prescription-The crimes defined
c) Other serious violations of the laws and and penalized under this Act NOT subject
customs applicable in armed conflict, to Prescription.
within the established framework of  Orders from a Superior. - The fact that
international law (but may be said to be a crime defined and penalized under this
applicable to both international and non- Act has been committed by a person
international armed conflicts, unless pursuant to an order of a government or a
otherwise specified), listing twenty-five superior, whether military or civilian, shall
(25) acts, inc. two (2) specific to not relieve that person of criminal
international armed conflict. responsibility unless all of the following
elements occur:
Genocide- means inciting or doing any act
intended to destroy, in whole or in part, a a. The person was under a legal
national, ethnic, racial, religious, social or any obligation to obey orders of the
other similar stable and permanent group. government or the superior in
question;
Principles of Criminal Liability b. The person did not know that the
order was unlawful; and
 Applicability to all individual c. The order was not manifestly unlawful.
perpetrators- whether state agents or
non-state actors (unlike the Anti-Torture  Provides for Protection and
Act which is limited to state-agent Reparation of Victims
perpetrators).
 Irrelevance of Official Capacity- Act
shall apply equally to all persons without
any distinction based on official
capacity.HOWEVER subject to (a)
Immunities or special procedural rules
that may be attached to the official
capacity; and (b) Immunities that may be
attached to the official capacity of a
person under international law may limit
the application of this Act, nut only within
the bounds established under international
law.
 Responsibility of Superiors- a superior
shall be criminally responsible as a
principal for such crimes committed by
subordinates where:

a.) That superior either knew or, owing to

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

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R.A. 7610 SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE, EXPLOITATION
AND DISCRIMINATION ACT.
Children-are those:
a.) Below 18 years of age
b.) Above 18 years of age who does not have
the capacity to fully protect themselves
against any abuse, cruelty, or
maltreatment because of their physical
and mental disability
Child Abuse- refers to maltreatment, whether
habitual or not, of the child which includes any of
the following:
 Physical or psychological abuse, neglect,
cruelty, sexual abuse and emotional
maltreatment.
 Any act by deed or words which debase,
degrades or demean the intrinsic worth
and dignity of a child as a human being.
Bongalon v. People of the Philippines,
G.R. No. 169533, March 20, 2013, where
it was ruled that “[n]ot every instance of
the laying of hands on a child constitutes
the crime of child abuse under Section 10
(a) of RA 7610. Only when the laying of
hands is shown beyond reasonable doubt
to be intended by the accused to debase,
degrade or demean the intrinsic worth and
dignity of the child as a human being
should it be punished as child abuse.
Otherwise, it is punished under the RPC.
 Unreasonable deprivation of his basic
needs for survival such as food and
shelter, or
 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.
- Subject to MMDA Circular that only
those who are knowledgeable to
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assist an injured person can be
made to assist> duty only is to
report to nearest precint
Child Prostitution- Children, whether male or
female, who for money, profit or any
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.
Child Prostitution Aggravated:(NOTE: Same
penalty for Accomplice and Accessories>
RT)
 The penalty of reclusion temporal in its
medium period to reclusion perpetua shall
be imposed upon the following:
a. Those who engage in or promote,
facilitate or induce child prostitution which
include, but are not limited to, the
following:
1. Acting as a procurer of a child
prostitute;
2. Inducing a person to be a client of
a child prostitute by means of
written or oral advertisements or
other similar means;
3. Taking advantage of influence or
relationship to procure a child as
prostitute;
4. Threatening or using violence
towards a child to engage him as a
prostitute; or
5. Giving monetary consideration
goods or other pecuniary benefit to
a child with intent to engage such
child in prostitution.
b. Effect if victim is under 12 years old-
Those who commit the act of sexual
intercourse of lascivious conduct with a
child exploited in prostitution or subject to
other sexual abuse; Provided, That:
- When the victims is under twelve
(12) years of age, the perpetrators
shall be prosecuted under Article
335, paragraph 3, for rape and Article
336 of Act No. 3815, as amended, the
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 Revised Penal Code, for rape or
lascivious conduct, as the case may
be: Provided,
- That the penalty for lascivious
conduct when the victim is under
twelve (12) years of age shall be
reclusion temporal in its medium
period; and
c. Those who derive profit or advantage
therefrom, whether as 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.
 Attempt to Commit Child Prostitution
1. Any person who, not being a relative
of a child, is found alone with the said
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.
2. Any person is receiving services from
a child in a sauna parlor or bath,
massage clinic, health club and other
similar establishments.
Child Trafficking- Any person who shall engage
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.
 Aggravated: If the victim is under 12
years of Age.
 Attempt to Commit Child Trafficking.
– There is an attempt to commit child
trafficking under Section 7 of this Act:
a. When a child travels alone to a foreign
country without valid reason therefor
and without clearance issued by the
Department of Social Welfare and
Development or written permit or
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justification from the child's parents or
legal guardian;
b. When the pregnant mother executes
an affidavit of consent for adoption for
consideration
c. When a person, agency, establishment
or child-caring institution recruits
women or couples to bear children for
the purpose of child trafficking; or
d. When a doctor, hospital or clinic
official or employee, nurse, midwife,
local civil registrar or any other person
simulates birth for the purpose of child
trafficking; or
e. When a person engages in the act of
finding children among low-income
families, hospitals, clinics, nurseries,
day-care centers, or other child-during
institutions who can be offered for the
purpose of child trafficking.
Ammendment by R.A. 7658 to Sec 12
"Sec. 12. Employment of Children. — Children
below fifteen (15) years of age shall not be
employed except:
1. When a child works directly under the
sole responsibility of his parents or legal
guardian and where only members of the
employer's family are employed:
Provided, however, That his employment
neither endangers his life, safety, health
and morals, nor impairs his normal
development; Provided, further, That the
parent or legal guardian shall provide the
said minor child with the prescribed
primary and/or secondary education; or
2. Where a child's employment or
participation in public entertainment or
information through cinema, theater,
radio or television is essential: Provided,
The employment contract is concluded by
the child's parents or legal guardian, with
the express agreement of the child
concerned, if possible, and the approval of
the Department of Labor and
Employment: and Provided, That the
following requirements in all instances are
strictly complied with:
The employer shall first secure, before engaging
such child, a work permit from the Department of
Labor and Employment which shall ensure
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observance of the above requirements.
The Department of Labor and Employment shall
promulgate rules and regulations necessary for
the effective implementation of this Section."
Ammendments by R.A. 9231
Sec. 2-A. Hours of Work of a Working Child. -
Under the exceptions provided in Section 12 of
this Act, as amended:
1. A child below fifteen (15) years of
age- may be allowed to work for not more
than twenty (20) hours a week: Provided,
That the work shall not be more than four
(4) hours at any given day;
2. A child fifteen (15) years of age- but
below eighteen (18) shall not be allowed
to work for more than eight (8) hours a
day, and in no case beyond forty (40)
hours a week;
3. No child below fifteen (15) years of
age shall be allowed to work between
eight o'clock in the evening and six o'clock
in the morning of the following day and no
child fifteen (15) years of age but below
eighteen (18) shall be allowed to work
between ten o'clock in the evening and six
o'clock in the morning of the following
day."
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R.A. 9775 ANTI-CHILD PORNOGRAPHY ACT
OF 2009
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.
Explicit Sexual Activity- includes actual or
simulated -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to genital,
anal to genital, or oral to anal, whether
between persons of the same or opposite
sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus;
or
(6) use of any object or instrument for
lascivious acts
Grooming- refers to the act of preparing a child
or someone who the offender believes to be a
child for sexual activity or sexual relationship by
communicating any form of child pornography. It
includes online enticement or enticement through
any other means.
Luring- refers to the act of communicating, by
means of a computer system, with a child or
someone who the offender believes to be a child
for the purpose of facilitating the commission of
sexual activity or production of any form of child
pornography.(2) Bestiality;
Pandering- refers to the act of offering,
advertising, promoting, representing or
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distributing through any means any material or
purported material that is intended to cause
another to believe that the material or purported
material contains any form of child pornography,
regardless of the actual content of the material or
purported material.
Unlawful Prohibited Act; Number of Copies
needed- (d) To possess any form of child
pornography with the intent to sell, distribute,
publish, or broadcast: Provided. That possession
of three (3) or more articles of child pornography
of the same form shall be prima facie evidence of
the intent to sell, distribute, publish or broadcast;
Syndicated Child Pornography - The crime of
child pornography is deemed committed by a
syndicate if carried out by a group of three (3)
or more persons conspiring or confederating
with one another. – NO need for purposes of
gain.Penalty of reclusion perpetua and a fine of
not less than Two million pesos
(Php2,000,000.00) but not more than Five million
pesos (Php5,000,000.00);
Who May File a Complaint. - Complaints on
cases of any form of child pornography and other
offenses punishable under this Act may be filed
by the following:(a) Offended party;(b) Parents
or guardians;(c) Ascendant or collateral relative
within the third degree of consanguinity;(d)
Officer, social worker or representative of a
licensed child-caring institution;(e) Officer or
social worker of the Department of Social Welfare
and Development (DSWD);(f) Local social welfare
development officer;(g) Barangay chairman;(h)
Any law enforcement officer;(i) At least three (3)
concerned responsible citizens residing in the
place where the violation occurred; or(j) Any
person who has personal knowledge of the
circumstances of the commission of any offense
under this Act.
Jurisdiction over cases for the violation of this
Act shall be vested in the Family Court.
Duties of an Internet Service Provider (ISP)
AND Internet content Host (ICH)
1. Notify the PNP or the NBI within seven (7)
days from obtaining facts and
circumstances that any form of child
pornography is being committed using its
server or facility for ISP and Not host any
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form of child pornography on its internet
address of ICH.
2. Preserve such evidence for purpose of
investigation and prosecution by relevant
authorities.
3. Upon the request of proper authorities,
furnish the particulars of users who gained
or attempted to gain access to an internet
address which contains any form of child
pornography.
Authority to Regulate Internet Café or
Kiosk. - LGU of the city or municipality where an
internet café or kiosk is located shall have the
authority to monitor and regulate the
establishment and operation of the
establishments in order to prevent violation of
the provisions of this Act.
Confidentiality. - The right to privacy of the
child shall be ensured at any stage of the
investigation, prosecution and trial of an offense
under this Act.
“xxx (d) Any form of child pornography
that is part of the court records shall be
subject to a protective order that
provides as follows:
(1) Any form of child pornography
may be viewed only by the parties,
their counsel, their expert witness
and guardian ad litem;
(2) Neither form of child
pornography nor any portion
thereof shall be divulged to any
other person, except as necessary
for investigation, prosecution or
trial; and
(3) No person shall be granted
access to any form of child
pornography or any part thereof
unless he/she signs a written
affirmation that he/she has
received and read a copy of the
protection order; that he/she
submits to the jurisdiction of the
court with respect to the protective
order; and that, in case of violation
thereof, he/she will be subject to
the contempt power of the court;
and”
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 (e) In cases when prosecution or trial is
conducted behind closed doors, it shall be
unlawful for any editor, publisher and
reporter or columnist in case of printed
materials, announcer or producer in case
of television and radio, producer and
director of a film in case of the movie
industry, or any person utilizing the tri-
media facilities or information technology
to publish or broadcast the names of
the victims of any case of child
pornography.
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REPUBLIC ACT NO. 9208 ANTI-
TRAFFICKING IN PERSONS ACT OF 2003
Trafficking in Persons - refers to the
recruitment, transportation, transfer or
harboring, or receipt of persons with or without
the victim's consent or knowledge, within or
across national borders by means of threat or use
of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or
benefits to achieve the consent of a person
having control over another person for the
purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation,
forced labor or services, slavery, servitude or the
removal or sale of organs.
The recruitment, transportation, transfer,
harboring or receipt of a child for the purpose of
exploitation shall also be considered as
"trafficking in persons" even if it does not involve
any of the means set forth in the preceding
paragraph.
Qualified Trafficking in Persons. - The
following are considered as qualified
trafficking:shall suffer the penalty of life
imprisonment and a fine of not less than Two
million pesos (P2,000,000.00) but not more than
Five million pesos (P5,000,000.00);
a. When the trafficked person is a child;
b. When the adoption is effected through
Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose
of prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
c. Syndicated-When the crime is
committed by a syndicate, or in large
scale. Trafficking is deemed
committed by a syndicate if carried
out by a group of three (3) or more
persons conspiring or confederating
with one another. Large scale- It is
deemed committed in large scale if
committed against three (3) or more
persons, individually or as a group;
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 d. When the offender is an Spouse (R.A
10364)ascendant, parent, sibling,
guardian or a person who exercises
authority over the trafficked person or
when the offense is committed by a public
officer or employee;
e. When the trafficked person is recruited to
engage in prostitution with any member of
the military or law enforcement agencies;
f. When the offender is a member of the
military or law enforcement agencies; and
g. When by reason or on occasion of the act
of trafficking in persons, the offended
party dies, becomes insane, suffers
mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome
(AIDS).
R.A. 10364 Expanded Anti-Trafficking in
Persons Act of 2012- Included the criminal
liability of accomplices and accessories. An
additional attempted stage was included.
 Attempted Stage - In cases where the
victim is a child, any of the following acts
shall also be deemed as attempted
trafficking in persons:
(a) Facilitating the travel of a child who
travels alone to a foreign country or
territory without valid reason therefor and
without the required clearance or permit
from the Department of Social Welfare
and Development, or a written permit or
justification from the child’s parent or
legal guardian;

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

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

Prescriptive Period. - Trafficking cases under

this Act shall prescribe in ten (10) years:
Provided, however,

That trafficking cases committed by a syndicate

or in a large scale as defined under Section 6
shall prescribe in twenty (20) years.

The prescriptive period shall commence to run

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

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REPUBLIC ACT NO. 9262 ANTI-VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN
ACT OF 2004
Refers to any act or a series of acts committed by
any person against a woman who is his wife,
former wife, or against a woman with whom the
person has or had a sexual or dating relationship,
or with whom he has a common child, or against
her child whether legitimate or illegitimate, within
or without the family abode, which result in or is
likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
Acts consisting of Violence Against Women
and Children
1. Physical Violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse
Physical Violence- refers to acts that include
bodily or physical harm;
Sexual Violence- refers to an act which is
sexual in nature, committed against a woman or
her child. It includes, but is not limited to:
a. rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making demeaning
and sexually suggestive remarks,
physically attacking the sexual parts of
the victim's body, forcing her/him to
watch obscene publications and indecent
shows or forcing the woman or her child
to do indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the conjugal home
or sleep together in the same room with
the abuser;
b. acts causing or attempting to cause the
victim to engage in any sexual activity by
force, threat of force, physical or other
harm or threat of physical or other harm
or coercion;
c. Prostituting the woman or child.
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Psychological violence- refers to acts or
omissions causing or likely to cause mental
oremotional suffering of the victim such as but
not limited to intimidation, harassment, stalking,
damage to property, public ridicule or
humiliation, repeated verbal abuse and mental
infidelity. It includes causing or allowing the
victim to witness the physical, sexual or
psychological abuse of a member of the family to
which the victim belongs, or to witness
pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or
visitation of common children.
Economic abuse- refers to acts that make or
attempt to make a woman financially dependent
which includes, but is not limited to the following:
1. Withdrawal of financial support or
preventing the victim from engaging in
any legitimate profession, occupation,
business or activity, except in cases
wherein the other spouse/partner objects
on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of
financial resources and the right to the
use and enjoyment of the conjugal,
community or property owned in
common;
3. Destroying household property;
4. Controlling the victims' own money or
properties or solely controlling the
conjugal money or properties.
Acts of Violence against Women and their
Children
(a) Causing physical harm to the woman or her
child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct which
the woman or her child has the right to desist
Page 10
from or desist from conduct which the woman or
her child has the right to engage in, or
attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct
by force or threat of force, physical or other harm
or threat of physical or other harm, or
intimidation directed against the woman or child.
This shall include, but not limited to, the
following acts committed with the purpose or
effect of controlling or restricting the woman's or
her child's movement or conduct:
(1) Threatening to deprive or actually depriving
the woman or her child of custody to her/his
family;
(2) Depriving or threatening to deprive the
woman or her children of financial support legally
due her or her family, or deliberately providing
the woman's children insufficient financial
support;
(3) Depriving or threatening to deprive the
woman or her child of a legal right;
(4) Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey or
properties, or solely controlling the conjugal or
common money, or properties;
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or
her child to engage in any sexual activity which
does not constitute rape, by force or threat of
force, physical harm, or through intimidation
directed against the woman or her child or
her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her child.
This shall include, but not be limited to, the
following acts:
(1) Stalking or following the woman or her child
in public or private places;
(2) Peering in the window or lingering outside the
residence of the woman or her child;
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
(3) Entering or remaining in the dwelling or on
the property of the woman or her child against
her/his will;
(4) Destroying the property and personal
belongings or inflicting harm to animals or pets of
the woman or her child; and
(5) Engaging in any form of harassment or
violence;
(i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support
or custody of minor children of access to the
woman's child/children.
Dating relationship-refers to a situation
wherein the parties lie as husband and wife
without the benefit of marriage or are
romantically involved over time and on a
continuing basis during the course of the
relationship. A casual acquaintance or ordinary
socialization between two individuals in a
business or social context is not a dating
relationship
 VAWC is a Public Offense- It can be
filed by anyone.
 Prescription –
a. Physical Abuse- After 20 years
from last occurrence
b. Psychological, Sexual and
Economic- 10 years
 Prohibited Defense- The fact that the
offender is under the influence of
alchohol, any illicit drug, or any other
mind-altering substance cannot be
used as defense in VAWC therefore;
alcoholism and drug addiction cannot be a
defense in VAWC
Battered Woman Syndrome
It refers to a scientifically defined pattern of
psychological and behavioral symptoms found in
women living in battering relationships as a result
of cumulative abuse.
Page 11
  Effect: Exemption from Criminal AND Civil and hearing. It shall be permanent until revoked.
Liability No Prescription to hear grounds. In case the
 Burden proof is with the woman respondent fails to appear despite proper notice,
the court shall allow ex parte presentation of the
No Barangay Conciliation Procedure evidence by the applicant and render judgment
necessary- A Punong Barangay, Barangay on the basis of the evidence presented.
Kagawad or the court hearing an application for a
protection order shall not order, direct, force or in
any way unduly influence he applicant for a
protection order to compromise or abandon any
of the reliefs sought in the application for
protection under this Act. Section 7 of the Family
Courts Act of 1997 and Sections 410, 411, 412
and 413 of the Local Government Code of 1991
shall not apply in proceedings where relief is
sought under this Act.

 Failure to comply with this Section shall

render the official or judge
administratively liable.

Protection Orders- A protection order is an

order issued under this act for the purpose of
preventing further acts of violence against a
woman or her child specified in Section 5 of this
Act and granting other necessary relief.

Barangay Protection Orders (BPOs) refer to

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

Immediately after the issuance of an ex parte

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

Temporary Protection Orders (TPOs) refers

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

Permanent Protection Order (PPO) refers to

protection order issued by the court after notice

Special Penal Laws FINALS Diamond Notes- Agcaoili Tec Page 12

 R.A. No. 10175
CYBERCRIME PREVENTION ACT OF 2012
Q. What are the offenses punished under the law?
How are they classified?
(a) Offenses against the confidentiality, integrity
and availability of computer data and
systems:
(1) Illegal Access. – The access to the
whole or any part of a computer system
without right.
(2) Illegal Interception. – The interception
made by technical means without right
of any non-public transmission of
computer data to, from, or within a
computer system including
electromagnetic emissions from a
computer system carrying such
computer data.
(3) Data Interference. — The intentional or
reckless alteration, damaging, deletion
or deterioration of computer data,
electronic document, or electronic data
message, without right, including the
introduction or transmission of viruses.
(4) System Interference. — The intentional
alteration or reckless hindering or
interference with the functioning of a
computer or computer network by
inputting, transmitting, damaging,
deleting, deteriorating, altering or
suppressing computer data or program,
electronic document, or electronic data
message, without right or authority,
including the introduction or
transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale,
procurement, importation,
distribution, or otherwise making
available, without right, of:
(aa) A device, including a
computer program, designed or
adapted primarily for the
purpose of committing any of
the offenses under this Act; or
(bb) A computer password,
access code, or similar data by
which the whole or any part of a
computer system is capable of
being accessed with intent that
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
it be used for the purpose of
committing any of the offenses
under this Act.
(ii) The possession of an item
referred to in paragraphs
5(i)(aa) or (bb) above with intent
to use said devices for the
purpose of committing any of
the offenses under this section.
(6) Cyber-squatting. – The acquisition of a
domain name over the internet in bad
faith to profit, mislead, destroy
reputation, and deprive others from
registering the same, if such a domain
name is:
(i) Similar, identical, or confusingly
similar to an existing trademark
registered with the appropriate
government agency at the time
of the domain name registration:
(ii) Identical or in any way similar
with the name of a person other
than the registrant, in case of a
personal name; and
(iii) Acquired without right or with
intellectual property interests in
it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion
of any computer data without
right resulting in inauthentic data
with the intent that it be
considered or acted upon for
legal purposes as if it were
authentic, regardless whether or
not the data is directly readable
and intelligible; or
(ii) The act of knowingly using
computer data which is the
product of computer-related
forgery as defined herein, for the
purpose of perpetuating a
fraudulent or dishonest design.
(2) Computer-related Fraud. — The
unauthorized input, alteration, or
deletion of computer data or program or
interference in the functioning of a
computer system, causing damage
thereby with fraudulent intent: Provided,
That if no damage has yet been caused,
Page 13
 the penalty imposable shall be one (1)
degree lower.
(3) Computer-related Identity Theft. –
The intentional acquisition, use, misuse,
transfer, possession, alteration or
deletion of identifying information
belonging to another, whether natural or
juridical, without right: Provided, That if
no damage has yet been caused, the
penalty imposable shall be one (1)
degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement,
maintenance, control, or operation,
directly or indirectly, of any lascivious
exhibition of sexual organs or sexual
activity, with the aid of a computer
system, for favor or consideration.
(2) Child Pornography. — The unlawful or
prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-
Child Pornography Act of 2009,
committed through a computer system:
Provided, That the penalty to be
imposed shall be (1) one degree higher
than that provided for in Republic Act
No. 9775.
(3) Unsolicited Commercial
Communications. — The transmission
of commercial electronic communication
with the use of computer system which
seek to advertise, sell, or offer for sale
products and services are prohibited
unless:
(i) There is prior affirmative consent
from the recipient; or
(ii) The primary intent of the
communication is for service
and/or administrative
announcements from the sender
to its existing users, subscribers
or customers; or
(iii) The following conditions are
present:
(aa) The commercial electronic
communication contains a other statute?
simple, valid, and reliable way
for the recipient to reject. receipt
of further commercial electronic
messages (opt-out) from the
same source;
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
(bb) The commercial electronic
communication does not
purposely disguise the source of
the electronic message; and
(cc) The commercial electronic
communication does not
purposely include misleading
information in any part of the
message in order to induce the
recipients to read the message.
(4) Libel. — The unlawful or prohibited acts
of libel as defined in Article 355 of the
Revised Penal Code, as amended,
committed through a computer system
or any other similar means which may
be devised in the future.
(d) Other Offenses. — The following acts shall also
constitute an offense:
(1) Aiding or Abetting in the Commission
of Cybercrime. – Any person who
willfully abets or aids in the commission
of any of the offenses enumerated in
this Act shall be held liable.
(2) Attempt in the Commission of
Cybercrime. — Any person who willfully
attempts to commit any of the offenses
enumerated in this Act shall be held
liable.
Q. Relationship with the RPC.
 Crimes defined and penalized under the RPC
and special laws, if committed by, through, and
with the use of information and communications
technologies shall be covered by the relevant
provisions of this law.
o This means that the commission of any
crime by means of information and
communications technologies shall be a
qualifying circumstance (Boado, 2015).
 Penalty imposed: One degree higher than that
provided in the RPC or the special law.
Q. If a crime can be punished under either the
Cybercrime Law or the RPC, will prosecution under
one constitute a bar against prosecution under the
 NO. In addition to being a qualifying
circumstance (Sec. 6), the violation of the
cybercrime law shall be a separate offense
pursuant to Sec. 7 of the law, which provides
Page 14
 that prosecution under the Cybercrime Law shall expression but is nonetheless entitled to
be without prejudice to any liability for violation protection. The State cannot rob him of this
of any provision of the RPC or special laws. right without violating the constitutionally
 In other words, in such cases, two crimes are guaranteed freedom of expression.
committed: (1) under the Cybercrime Law, and Unsolicited advertisements are legitimate
(2) under all other penal laws. There shall be no forms of expression.
absorption of crimes. (2) Section 12, which allows the real time collection
of traffic data by the law enforcement agencies,
Q. What is the rule with regard to corporate liability? after a determination of “due cause”, was
MANNER OF COMMISSION PENALTY OF declared unconstitutional.
JURIDICAL  The Court found the phrase “with due
PERSON cause” to be vague and akin to the use of a
KNOWINGLY COMMITTED on  Fined an general warrant that the Constitution
behalf of/for the benefit of a equivalent to at
prohibits. Likewise, the Court noted that the
juridical person by a natural least double the
person acting either individually fines imposable authority that Section 12 gives law
or as part of an organ of the under the law enforcement agencies is too sweeping and
juridical person, who has a  Maximum: lacks restraint. While it says that traffic data
leading position within based on PhP10 Million collection should not disclose identities or
either: content data, such restraint is but an illusion.
(1) Power of representation This will unnecessarily expose the citizenry
of the juridical person,
provided the act to leaked information or, worse, to extortion
committed falls within the from certain bad elements in these
scope of such territory; agencies.
(2) An authority to take (3) Section 19, which allows the DOJ to restrict or
decisions on behalf of block access to computer data, upon a prima
the juridical person, facie determination that it is in violation of the
provided that the act
provisions of the law, was declared
committed falls within the
scope of such authority; unconstitutional.
or  The provision allows the government to, in
(3) An authority to exercise effect, seize and place the computer data
control within the juridical under its control and disposition without a
person. warrant, contrary to the mandate of the
Crime made possible due to  Fined an Constitution. The Department of Justice
LACK OF CONTROL OR equivalent to at
order cannot substitute for judicial search
SUPERVISION by a natural least double the
person referred to and described fines imposable warrant.
above, for the benefit of that under the law
juridical person by a natural  Maximum: PhP5
person acting under its authority Million

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

provisions of the law were struck down as
unconstitutional?
(1) Section 4(c)(3), which penalizes the posting of
unsolicited commercial communications (aka,
“spam”), was declared unconstitutional.
 The Court reasoned that such provision of
the law unduly limits commercial speech.
Commercial speech is a separate category
of speech which is not accorded the same
level of protection as that given to other
constitutionally guaranteed forms of
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec Page 15

R.A. No. 7877
SEXUAL HARRASSMENT LAW
Q. What are the elements of the crime of sexual
harassment?
(1) Authority, influence, or moral ascendancy –
the employer, employee, manager, supervisor,
agent of the employer, teacher, instructor,
professor, coach, trainer, or any other person
has authority, influence, or moral ascendancy
over another;
(2) Existing in a work environment – the
authority, influence, or moral ascendancy exists
in a working environment; and
(3) Demand, request, or requirement of sexual
favor – the employer, employee, manager,
supervisor, agent of the employer, teacher,
instructor, professor, coach, trainer, or any other
person makes a demand, request, or
requirement of a sexual favor.
Q. In a work-related or employment environment,
when is the crime committed?
(1) The sexual favor is made:
a. As a condition in the hiring or in the
employment, re-employment or continued
employment of said individual;
b. In granting said individual favorable
compensation, terms of conditions,
promotions, or privileges; or
c. The refusal to grant the sexual favor
results in limiting, segregating or
classifying the employee which in any way
would discriminate, deprive or diminish
employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employee's
rights or privileges under existing labor laws;
(3) The above acts would result in an intimidating,
hostile, or offensive environment for the employee.
Q. In an education or training environment, when is
the crime committed?
(1) Against one who is under the care, custody or
supervision of the offender;
(2) Against one whose education, training,
apprenticeship or tutorship is entrusted to the
offender;
(3) When the sexual favor is made a condition:
a. to the giving of a passing grade,
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
b. the granting of honors and scholarships,
or
c. the payment of a stipend, allowance or
other benefits, privileges, or
consideration; or
(4) When the sexual advances result in an
intimidating, hostile or offensive environment for
the student, trainee or apprentice.
Q. Who are the offenders that may be punished
under this law?
(1) Any person who directly commits any act of
sexual harassment;
(2) Any person who directs or induces another to
commit any act of sexual harassment; or
(3) Any person who cooperates in the commission
thereof without which it would not have been
committed.
Q. What are the duties of the employer or head of
office under the law?
(1) Promulgate rules - Promulgate appropriate
rules and regulations in consultation with and
jointly approved by the employees or students
or trainees, through their duly designated
representatives, prescribing the procedure for
the investigation of sexual harassment cases
and the administrative sanctions therefor. The
said rules and regulations issued shall include,
among others, guidelines on proper decorum in
the workplace and educational or training
institutions.
(2) Creation of a committee - Create a committee
on decorum and investigation of cases on
sexual harassment. The committee shall
conduct meetings, as the case may be, with
officers and employees, teachers, instructors,
professors, coaches, trainers, and students or
trainees to increase understanding and prevent
incidents of sexual harassment. It shall also
conduct the investigation of alleged cases
constituting sexual harassment.
o Composition of the committee:
i. Work-related environment - the
committee shall be composed of
at least one (1) representative
each from the management, the
union, if any, the employees
from the supervisory rank, and
from the rank and file
employees.
Page 16
 ii. Educational or training she considers as sexual favors, discriminated
institution - the committee shall against her and resulted in an intimidating,
be composed of at least one (1) hostile, or offensive environment. In fact, she
representative from the was able to continue her work in the office with
administration, the trainers, the usual normalcy (Aquino v. Acosta, A. M.
instructors, professors or CTA-01-1, April 2, 2002).
coaches and students or
trainees, as the case may be.
(3) Disseminate information - The employer or
head of office, educational or training institution
shall disseminate or post a copy of this Act for
the information of all concerned.

Q. What is the liability of the employer under the

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

Q. What is the prescriptive period of the crime?

 Any action arising from the violation of the
provisions of this Act shall prescribe in three
years.

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

the legal staff of the Court of Tax Appeals, gave her
co-workers gifts, including Judge B. On the same
day, Judge B entered A's office and greeted her by
shaking her hand, and then suddenly pulling her
towards him and kissing her on the cheek. Weeks
later, Judge B once again entered A's office, pulled
her in an embrace and kissed her cheek. Similar
instances transpired over the following weeks. A
filed a complaint for sexual harassment against
Judge B. Will the case prosper?
- NO. A mere casual buss on the cheek is not a
sexual conduct or favor and does not fall within
the purview of sexual harassment under RA.
7877 for there is no showing that Judge B, the
respondent, demanded, requested, or required
any sexual favor from A, the complainant, in
exchange for “favorable compensation, terms,
conditions, promotions, or privileges” specified
under Section 3 of the law. Neither did A
establish that the busses on her cheek, which
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec Page 17

R.A. No. 9995
ANTI-PHOTO AND VOYUERISM ACT OF 2009
Q. What is meant by photo or video voyeurism under
the law?
(1) The act of taking photo or video coverage of a
person or group of persons performing sexual
act or any similar activity or of capturing an
image of the private area of a person or
persons without the latter's consent, under
circumstances in which such person/s has/have
a reasonable expectation of privacy; or
(2) The act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such
sexual act or similar activity through VCD/DVD,
internet, cellular phones and similar means or
device without the written consent of the
person/s involved, notwithstanding that consent
to record or take photo or video coverage of
same was given by such person's.
Q. What is meant by under circumstances in which a
person has a reasonable expectation of privacy?
(1) The subject believes that he/she could disrobe
in privacy, without being concerned that an
image or a private area of the person was being
captured; or
(2) Those circumstances in which a reasonable
person would believe that a private area of the
person would not be visible to the public,
regardless of whether that person is in a public
or private place.
Q. What are the acts punished under the law?
(1) To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the
private area of a person/s such as the naked or
undergarment clad genitals, public area,
buttocks or female breast without the consent of
the person/s involved and under circumstances
in which the person/s has/have a reasonable
expectation of privacy;
(2) To copy or reproduce, or to cause to be copied
or reproduced, such photo or video or recording
of sexual act or any similar activity with or
without consideration;
(3) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
sexual act, whether it be the original copy or
reproduction thereof; or
(4) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act
or any similar activity through VCD/DVD,
internet, cellular phones and other similar means
or device.
Q. What will be the effect if the victim freely gave
their consent to be recorded or photographed?
 For the last three acts punished, the victim’s
consent will not have any effect. The
prohibition shall apply notwithstanding that
consent to record or take photo or video
coverage of the same was given by the
person.
Q. What is the penalties does the law impose?
(1) Imprisonment of 3-7 years and a fine of
PhP100,000 – PhP500,000 at the discretion of
the court
(2) Juridical person
a. Its license or franchise shall be
automatically be deemed revoked
b. Persons liable: the officers thereof,
including the editor and reporter in the
case of print media, and the station
manager, editor and broadcaster in the
case of a broadcast media.
(3) Public officer or employee, or a professional
- he/she shall be administratively liable.
(4) Alien - he/she shall be subject to deportation
proceedings after serving his/her sentence and
payment of fines.
Q. What are the other crimes that the offender may
be liable for?
(1) Art. 201(2)(b), RPC - The publishing or
showing of the recorded materials may also be
punished under the RPC for indecent shows.
(2) R.A. 9262 – If the non-consenting partner is a
woman. (Boado, 2015)
Q. Are there any exceptions provided by the law?
 YES. Nothing contained in this Act shall
render it unlawful or punishable for any
peace officer, who is authorized by a written
order of the court, to use the record or any
copy thereof as evidence in any civil,
Page 18
 criminal investigation or trial of the crime of
photo or video voyeurism.
 Requisites (for the written order):
(1) Such written order shall only be
issued or granted upon written
application and the examination
under oath or affirmation of the
applicant and the witnesses he/she
may produce; and
(2) Upon showing that there are
reasonable grounds to believe that:
a. Photo or video voyeurism
has been committed or is
about to be committed; and
b. That the evidence to be
obtained is essential to the
conviction of any person for,
or to the solution or
prevention of such crime.
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
R.A. No. 8042, as amended by R.A. 10022
MIGRANT WORKERS AND OVERSEAS FILIPINO
ACT of 1995
Q. Define the following terms.
(1) Recruitment and placement – any act of
canvassing, contracting, transporting, utilizing,
hiring, or procuring workers, and includes
referrals, contract services, promising, or
advertising for employment, locally or abroad,
whether for profit or not.
 Any person or entity which, in any
manner, offers or promises for a fee
employment to two or more persons
shall be considered engaged in
recruitment and placement.
(2) Referral – The act of passing along or
forwarding after an initial interview of a selected
applicant for employment to a selected
employer, placement officer, or bureau.
(3) License – Issued by DOLE, which authorizes a
person or entity to operate a private employment
agency
(4) Authority – Entitles a person or association to
engage in a recruitment agency
(5) Illegal recruitment – Any act of recruitment and
placement when undertaken by a non-licensee
or a non-holder of authority, or the commission
of any of the prohibited acts enumerated under
the law, even if done by a licensed or authorized
recruitment agency
a. IR by a syndicate – Carried out by a
group of three or more persons
conspiring or confederating with one
another
b. IR in a large scale – Committed against
three or more persons individually or as
a group.
Q. What are the types of illegal recruitment?
(1) Simple IR – Illegal recruitment committed
by/against one or two persons
(2) IR resulting in economic sabotage
a. IR by a syndicate – carried out by a
group of three or more persons in
conspiracy or in confederation with one
another
b. Large scale IR – committed against
three or more persons individually or as
a group.
Page 19

Q. What are the two kinds of illegal recruiters?
(1) Non-licensee or non-holder of authority – IR
is committed when the recruiter:
a. Performs any of the acts defined by the
law as recruitment and placement; or
b. Any of the prohibited acts.
(2) Licensee or holder of authority – the recruiter
(1) possesses a license or authority to recruit,
but (2) he commits any of the prohibited acts.
Q. What are the elements of illegal recruitment?
(1) By a non-licensee/non-holder of authority
a. Offender is a non-licensee/non-holder
of authority; and
b. The offender undertakes:
i. Any act of recruitment and
placement; or
ii. Any of the prohibited acts.
(2) By a licensee/holder of authority
a. Offender is a licensee/holder of
authority; and
b. Offender commits any of the prohibited
acts.
Q. What are the prohibited acts that, if done, would
constitute illegal recruitment?
(1) Art. 34, Labor Code
a. To charge or accept, directly or
indirectly, any amount greater than that
specified in the schedule of allowable
fees prescribed by the Secretary of
Labor, or to make a worker pay any
amount greater than that actually
received by him as a loan or advance;
b. To furnish or publish any false notice or
information or document in relation to
recruitment or employment;
c. To give any false notice, testimony,
information or document or commit any
act of misrepresentation for the purpose
of securing a license or authority under
this Code.
d. To induce or attempt to induce a worker
already employed to quit his
employment in order to offer him to
another;
o XPN: If it is designed to liberate
him from oppressive terms and
conditions of employment
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e. To influence or to attempt to influence
any person or entity not to employ any
worker who has not applied for
employment through his agency;
f. To engage in the recruitment or
placement of workers in jobs harmful to
public health or morality or to the dignity
of the Republic of the Philippines;
g. To obstruct or attempt to obstruct
inspection by the Secretary of Labor or
by his duly authorized representatives;
h. To fail to file reports on the status of
employment, placement vacancies,
remittance of foreign exchange
earnings, separation from jobs,
departures and such other matters or
information as may be required by the
Secretary of Labor.
i. To substitute or alter employment
contracts approved and verified by the
Department of Labor from the time of
actual signing thereof by the parties up
to and including the periods of expiration
of the same without the approval of the
Secretary of Labor;
j. To become an officer or member of the
Board of any corporation engaged in
travel agency or to be engaged directly
or indirectly in the management of a
travel agency; and
k. To withhold or deny travel documents
from applicant workers before departure
for monetary or financial considerations
other than those authorized under this
Code and its implementing rules and
regulations.
(2) Sec. 6, R.A. No. 8042
a. Failure to actually deploy a contracted
worker without valid reason as
determined by the Department of Labor
and Employment;
b. Failure to reimburse expenses incurred
by the worker in connection with his
documentation and processing for
purposes of deployment, in cases where
the deployment does not actually take
place without the worker's fault. Illegal
recruitment when committed by a
syndicate or in large scale shall be
considered an offense involving
economic sabotage; and
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 c. To allow a non-Filipino citizen to head or
manage a licensed recruitment/manning
agency.
d. Grant a loan to an overseas Filipino
worker with interest exceeding eight
percent (8%) per annum, which will be
used for payment of legal and allowable
placement fees and make the migrant
worker issue, either personally or
through a guarantor or accommodation
party, postdated checks in relation to the
said loan;
e. Impose a compulsory and exclusive
arrangement whereby an overseas
Filipino worker is required to avail of a
loan only from specifically designated
institutions, entities or persons;
f. Refuse to condone or renegotiate a loan
incurred by an overseas Filipino worker
after the latter's employment contract
has been prematurely terminated
through no fault of his or her own;
g. Impose a compulsory and exclusive
arrangement whereby an overseas
Filipino worker is required to undergo
health examinations only from
specifically designated medical clinics,
institutions, entities or persons, except
in the case of a seafarer whose medical
examination cost is shouldered by the
principal/shipowner;
h. Impose a compulsory and exclusive
arrangement whereby an overseas
Filipino worker is required to undergo
training, seminar, instruction or
schooling of any kind only from
specifically designated institutions,
entities or persons, except fpr
recommendatory trainings mandated by
principals/shipowners where the latter
shoulder the cost of such trainings;
i. For a suspended recruitment/manning
agency to engage in any kind of
recruitment activity including the
processing of pending workers'
applications; and
j. For a recruitment/manning agency or a
foreign principal/employer to pass on
the overseas Filipino worker or deduct
from his or her salary the payment of the
cost of insurance fees, premium or other
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insurance related charges, as provided
under the compulsory worker's
insurance coverage.
Q. Distinguish illegal recruitment from estafa.
ILLEGAL RECRUITMENT ESTAFA (Art. 315(2)(c))
Punished under the Labor Punished under the RPC
Code
Malum prohibitum, thus, Malum in se, thus, criminal
criminal liability is not intent is necessary.
necessary.
It is enough that the It is essential that the false
victims relied on the statement or fraudulent
misrepresentation and misrepresentation
scheme, which caused constitutes the very cause
them to entrust their or only motive that induces
money in exchange of the complaint to part with
what they later discovered the thing of value
was a vain hope.
Both cases may be filed simultaneously. The filing of one
does not bar the filing of the other. Double jeopardy will
not set in.
Q. What is the Distinct Impression Rule?
 Under this rule, one incurs criminal liability if the
actions of the accused leaves the distinct
impression that he has the authority, ability,
capacity to procure employment for him abroad,
for which reason the victim is induced to part
with his/her money.
 Without such impression or representation, the
victim would not have pared with his/her money.
Q. Who are the offenders in illegal recruitment?
 The law holds liable the principals, accomplices,
and accessories.
Q. When does the crime of illegal recruitment
prescribe?
(1) Simple IR – 5 years
(2) IR involving economic sabotage – 20 years
Q. What are considered as aggravating
circumstances in the crime of IR?
(1) If the person illegally recruited is less than 18
years old; or
(2) If committed by a non-licensee or non-holder of
authority.
Q. When may the corporation be held liable for the
act of its employee or agent?
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 (1) The employee or agent committed the offense
while acting within the scope of his employment;
and
(2) The offense was committed with at least some
benefit to the employer (People v. Chowdury,
G.R. Nos. 129577-80, February 15, 2000)
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R.A. No. 9165, as amended by R.A. No. 10640
COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002
Q. What are the two classifications of drugs under
the law?
(1) Dangerous drugs - those listed in the
Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the
attached annex which is an integral part of this
Act.
(2) Controlled precursors and essential
chemicals (CPEC) - those listed in Tables I and
II of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached
annex, which is an integral part of this Act.
Q. What are the acts punished under the law?
(1) Importation of dangerous drugs and/or CPEC;
(2) Sale, trading, administration, dispensation,
delivery, distribution, and transportation of
dangerous drugs and/or CPEC;
(3) Maintenance of a dangerous drug den, dive, or
resort;
(4) Being employees or visitors of a dangerous
drug den, dive, or resort;
(5) Manufacture of dangerous drugs and/or CPEC;
(6) Illegal chemical diversion of CPEC;
(7) Manufacture and delivery of equipments,
instruments, apparatus, and other
paraphernalia for dangerous drugs and/or
CPEC;
(8) Possession of dangerous drugs;
(9) Possession of equipment, instrument,
apparatus, and other paraphernalia for
dangerous drugs;
(10) Possession of dangerous drugs during parties,
social gatherings, or meetings;
(11) Possession of equipment, instruments,
apparatus, and other paraphernalia for
dangerous drugs during parties, social
gatherings, or meetings;
(12) Use of dangerous drugs;
(13) Cultivation of plants classified as dangerous
drugs or are the source thereof;
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 (14) Failure to maintain and keep original records of
transactions on dangerous drugs and/or
CPEC;
(15) Unnecessary prescription of dangerous drugs;
and
(16) Unlawful prescription of dangerous drugs.
Q. Aside from those who commit the acts punished,
who may be the offenders under the law?
(1) Financiers – any person who pays for, raises,
or supplies money for, or underwrites any of the
illegal activities under the law.
(2) Protector/Coddler – any person who knowingly
and willfully consents to the unlawful practices
provided by the law and uses his influence,
power, or position in shielding, harboring,
screening, and facilitation the escape of any
person he knows, or has reasonable grounds to
believe or suspect, has violated the provisions of
the law in order to prevent the arrest,
prosecution, and conviction of the violator.
Q. Who are the persons who may be liable for
importation of dangerous drugs and/or CPECs?
 Any person, who, unless authorized by law, shall
import or bring into the Philippines any
dangerous drug, regardless of the quantity and
purity involved, including any and all species of
opium poppy or any part thereof or substances
derived therefrom even for floral, decorative and
culinary purposes.
 The Supreme Court held that, to be liable for
importation, it is necessary that the dangerous
drugs were taken in a vessel that came from a
foreign country, with the said dangerous drugs
aboard that vessel. Therefore, it is necessary
that the prosecution prove that the vessel that
came into the Philippine ports had with it the
illegal drugs. Otherwise, he can only be liable for
illegal possession of dangerous drugs (People v.
Chi Chan Liu, G.R. No. 189272, January 21,
2015).
Q. How is sale of dangerous drugs defined?
 It is the act of giving away of any dangerous
drug and/or CPECs, whether for money or for
any other consideration.
Q. What are the elements of sale of dangerous
drugs?
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(1) The identity of the buyer and the seller, which
must be clearly identified;
(2) The object and the consideration; and
(3) The delivery of the thing sold from the seller to
the buyer.
Q. Is it necessary that the marked money be
transferred to establish an illegal sale?
 NO, it is not necessary that the marked money
be transferred. As long as the police officer
went through the motion as a buyer and his
offer was accepted, and the marijuana delivered
to the police officer, the crime is consummated
by the delivery of the goods (People v. Utoh
Lakibul, G.R. No. 94337, January 27, 1993).
Q. What is the crime committed if the dangerous
drugs were not delivered?
 If the dangerous drug is not delivered, the third
element is lacking. Therefore, there is only an
attempted illegal sale of dangerous drugs.
Q. What is meant by delivery?
 It is the act of knowingly passing a dangerous
drug to another, personally or otherwise, and by
any means, with or without consideration.
 NOTE: If there is no evidence to show this
knowledge, the accused will be acquitted. Want
of knowledge is a valid defense (People v.
Jumao-as, G.R. No. 101334, February 14,
1994).
Q. Who are the persons liable for crimes related to
drug dens, dives, or resorts?
(1) Any person who maintains a den, dive, or resort
for the use of illegal drugs;
(2) Employees who are aware of the nature of the
said den; and
(3) Visitors who knowingly visit the same despite
knowledge of the nature of the place.
Q. What are the requisites for a property to be
escheated in favor of the government?
(1) The information must allege that the place is
intentionally being used in the furtherance of
illegal sale/use of dangerous drugs;
(2) Such intent must be proven by the prosecutor;
and
(3) The owner of the said house must be included
as an accused in the information or complaint.
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Q. What is the presumption with regard to
manufacture of dangerous drugs and/or CPECs?
 The presence of any CPEC or laboratory
equipment in the clandestine laboratory is a
prima facie evidence of manufacture of any
dangerous drug.
Q. What are the elements of illegal possession of
dangerous drugs?
(1) The accused is in the possession of the
prohibited drugs;
o Possession does not only mean the
actual possession of the drugs on his
body. It suffices that the said dangerous
drugs are found in a place under the
control and dominion of the offender. It
includes constructive possession.
o Actual possession – exists when the
drug is in the immediate physical
possession or control of the accused.
o Constructive possession – when the
drug is under the dominion and control
of the accused, or when he has the right
to exercise dominion and control over
the place where it is found.
(2) Such person is not authorized by law; and
o Drugs are per se contraband. The
presumption is that such possession is
without authority of law. The burden of
proof is on the accused to prove that he
has the authority to possess it.
(3) The accused freely and consciously possessed
the prohibited drug.
o There must be an animus possidendi (or
intent to possess) is presumed by the
law. The moment that he is found in
possession of the dangerous drugs, the
law presumes that the person knows
that the thing in his possession is a
dangerous drug.
Q. May a person who is found guilty of illegal
possession of drug paraphernalia apply for
probation?
 YES, a person convicted of illegal possession of
drug paraphernalia can apply for probation,
because the penalty ranges from six months and
one day to four years, which is below the six-
year threshold under the Probation Law.
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 Section 26 of the law only disqualifies persons
convicted of pushing illegal drugs and drug
trafficking from availing of the benefits of the
probation law. Any other violation of the law,
provided that the penalty imposed is below six
years, may avail of the benefits of probation.
Q. A is caught smoking opium with a pipe. What
crime/s is/are committed?
 He is liable for illegal use of dangerous drugs.
This is because possession of drug
paraphernalia (in this case, the pipe) is already
absorbed in the crime of illegal use.
Q. A is caught possessing both the pipe and the
opium, while he is not smoking it. What crime/s
is/are committed?
 Two crimes are committed: (1) illegal
possession of drug paraphernalia, and (2) illegal
possession of dangerous drugs.
Q. Who is liable for illegal possession of dangerous
drugs during parties?
 Any person found possessing any dangerous
drug during a party, or at a social gathering or
meeting, or in the proximate company of at least
two persons
 The maximum penalty prescribed by law shall
be imposed. (It can be likened to a qualifying
circumstance)
Q. What does the law mean by use?
 It refers to the act of injecting, intravenously or
intramuscularly, or of consuming, either by
chewing, smoking, sniffing, eating, swallowing,
drinking, or otherwise introducing into the
physiological system of the body any of the
dangerous drugs.
Q. What are the elements of illegal use of dangerous
drugs?
(1) The offender was apprehended or arrested in
the actual use of dangerous drugs, or for a
commission of a crime defined under R.A. No.
9165;
(2) After a confirmatory test, he was found positive
for use of any dangerous drug; and
(3) No other amount of dangerous drug must be
found in his possession.
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 o If any other amount was found, the
charge will be illegal possession of
dangerous drugs.
Q. What actions are to be taken against the drug
user?
(1) First offense – penalty of a minimum of six
months rehabilitation in a government center
(2) Second offense – imprisonment ranging from 6
years and 1 day to 12 years and a fine from
PhP50,000 - PhP200,000.
Q. What are the presumptions under the law?
(1) The possession of such equipment, instrument,
apparatus and other paraphernalia fit or
intended for any of the purposes enumerated in
the preceding paragraph shall be prima facie
evidence that:
a. the possessor has smoked, consumed,
administered to himself/herself, injected,
ingested or used a dangerous drug; and
b. He has violated Sec. 15 of the law.
(2) The presence of any controlled precursor and
essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof
of manufacture of any dangerous drug. It shall
be considered an aggravating circumstance if
the clandestine laboratory is undertaken or
established under the following circumstances:
(a) Any phase of the manufacturing
process was conducted in the presence
or with the help of minor/s;
(b) Any phase or manufacturing process
was established or undertaken within
one hundred (100) meters of a
residential, business, church or school
premises;
(c) Any clandestine laboratory was
secured or protected with booby traps;
(d) Any clandestine laboratory was
concealed with legitimate business
operations; or
(e) Any employment of a practitioner,
chemical engineer, public official or
foreigner.
(3) Any person apprehended or arrested for
violating the provisions of this Act shall be
subjected to screening laboratory examination or
test within twenty-four (24) hours, if the
apprehending or arresting officer has reasonable
ground to believe that the person apprehended
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
or arrested, on account of physical signs or
symptoms or other visible or outward
manifestation, is under the influence of
dangerous drugs. If found to be positive, the
results of the screening laboratory examination
or test shall be challenged within fifteen (15)
days after receipt of the result through a
confirmatory test conducted in any accredited
analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or
some such modern and accepted method, if
confirmed the same shall be prima facie
evidence that such person has used dangerous
drugs, which is without prejudice for the
prosecution for other violations of the provisions
of the law.
Q. What actions may be taken if the offender is a
minor?
(1) Suspended sentence for the first offence;
o Minor is over 15 at the time of the
commission of the offense of
possession of dangerous drugs, but not
more than 18 at the time of the
promulgation of the judgment, provided
that:
i. He has not been previously
convicted of any crime;
ii. He has not been previously
committed to a Center or to the
care of a DOH-accredited
physician; and
iii. The DDB favorably
recommends suspension of his
sentence.
o This may be availed by the minor only
once.
(2) Probation or community service for a first time
offense in lieu of imprisonment; or
(3) Service of sentence as any other convicted
person if the first time-minor shall violate any of
the conditions of his suspended sentence or any
of the rules and regulations of the Center if
confinement therein was required.
Q. Differentiate entrapment from instigation.
ENTRAPMENT INSTIGATION
The entrapper resorts to The instigator practically
ways and means to trap induces the would-be
and capture a lawbreaker defendant into committing
while the latter executing the offense and himself
Page 25
his criminal plan. becomes a co-principal
Not a bar to prosecution Defendant would have to
be acquitted. It is an
absolutory cause akin to
an exempting
circumstance.
The idea to commit the The criminal intent
crime originates from the originates from the mind of
accused. the instigator.
Q. Are decoy solicitations prohibited by law?
 NO, it is not prohibited. For sale of illegal drugs,
any of the following will not exculpate the
accused:
(1) That facilities for the commission of the
crime were intentionally placed his way;
(2) That the criminal act was done at the
solicitation of the decay or poseur buyer
seeking to expose his criminal act; or
(3) That the police authorities feigning
complicity in the act were apparent and
apparently assisted in its commission.
Q. What is the procedure upon the initial seizure of
the drugs?
(1) The apprehending team having initial custody and
control of the dangerous drugs, controlled
precursors and essential chemicals,
instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and
confiscation, conduct a physical inventory of the
seized items and photograph the same in the
presence of the (1) accused or the person/s from
whom such items were confiscated and/or seized,
or his/her representative or counsel, with (2) an
elected public official, and (3) a representative of
the National Prosecution Service or the media, who
shall be required to sign the copies of the inventory
and be given a copy thereof.
o The physical inventory and photograph
shall be conducted at the place where the
search warrant is served; or at the nearest
police station or at the nearest office of the
apprehending officer/team, whichever is
practicable, in case of warrantless
seizures
o Noncompliance of these requirements
under justifiable grounds, as long as the
integrity and the evidentiary value of the
seized items are properly preserved by the
apprehending officer/team, shall not
render void and invalid such seizures and
custody over said items.
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
 By “preserve the integrity and
evidentiary value”, it is meant
that it must be marked to ensure
that it was the dangerous drugs
taken from the accused and it
must be turned over to the
forensic laboratory for testing.
This requisite is of utmost
importance.
(2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
(3) A certification of the forensic laboratory
examination results, which shall be done by the
forensic laboratory examiner, shall be issued
immediately upon the receipt of the subject item/s:
o When the volume of dangerous drugs,
plant sources of dangerous drugs, and
controlled precursors and essential
chemicals does not allow the completion
of testing within the time frame, a partial
laboratory examination report shall be
provisionally issued stating therein the
quantities of dangerous drugs still to be
examined by the forensic laboratory,
provided that a final certification shall be
issued immediately upon completion of the
said examination and certification;
(4) After the filing of the criminal case, the Court
shall, within seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled
precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within
twenty-four (24) hours thereafter proceed with
the destruction or burning of the same, in the
presence of the accused or the person/s from
whom such items were confiscated and/or
seized, or his/her representative or counsel, a
representative from the media and the DOJ, civil
society groups and any elected public official.
The Board shall draw up the guidelines on the
manner of proper disposition and destruction of
such item/s which shall be borne by the
offender: Provided, That those item/s of lawful
Page 26
 commerce, as determined by the Board, shall be
donated, used or recycled for legitimate
purposes: Provided, further, That a drug that has been tested by the forensic
representative sample, duly weighed and
recorded is retained;
(5) The Board shall then issue a sworn certification
as to the fact of destruction or burning of the
subject item/s which, together with the
representative sample/s in the custody of the
PDEA, shall be submitted to the court having
jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a
minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or
counsel shall be allowed to personally observe
all of the above proceedings and his/her
presence shall not constitute an admission of
guilt. In case the said offender or accused
refuses or fails to appoint a representative after
due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the
actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a
member of the public attorney's office to
represent the former; and
(7) After the promulgation and judgment in the
criminal case wherein the representative
sample/s was presented as evidence in court,
the trial prosecutor shall inform the Board of the
final termination of the case and, in turn, shall
request the court for leave to turn over the said
representative sample/s to the PDEA for proper
disposition and destruction within twenty-four
(24) hours from receipt of the same.
Q. What is the chain of custody rule?
 It is the duly-recorded authorized movements
and custody of dangerous drugs from the time of
their confiscation/seizure to the receipt in the
forensic laboratory to safekeeping to
presentation in court and their destruction.
 It established the identity of the substance.
 It requires that testimony be presented about
every link in the chain, from the moment the item
is seized, up to the time it is offered in evidence.
When nagging doubts persist as to whether the
item confiscated is the same specimen
examined and established to be a prohibited
drug, there can be no crime of illegal possession
of a prohibited drug
Special Penal Laws FINALS Diamond Notes- Agcaoili Tec
 PURPOSE: to ensure that the dangerous drugs
seized/confiscated is the very same dangerous
laboratory, and that it is the same drug
presented in court. It ensures that no substation
of evidence happened.
Q. May violators of the law avail of plea bargaining?
 NO. Any person charged in violation of the
crimes under the law cannot avail of plea
bargaining under the Rules of Court. Therefore,
they cannot plead guilty to a lesser offense.
Q. In what acts can an attempt or conspiracy to
commit the same be penalized by the same penalty
prescribed to the consummated acts?
(1) Importation of any dangerous drug and/or
controlled precursor and essential chemical;
(2) Sale, trading, administration, dispensation,
delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and
essential chemical;
(3) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(4) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
(5) Cultivation or culture of plants which are sources
of dangerous drugs.
Q. How can a violator of the law be immune from
prosecution and punishment?
(1) The offender voluntarily gives information;
(2) The offender who gives information is a violator
of the following sections:
a. Sec. 7 – employees and visitors of drug
dens, dives, or resorts;
b. Sec. 11 – possession of dangerous
drugs;
c. Sec. 12 – possession of drug
paraphernalia;
d. Sec. 14 – possession of paraphernalia
during a party;
e. Sec. 15 – use of dangerous drugs; or
f. Sec. 19 – unlawful prescription;
(3) He gives information against violators of the
following sections:
a. Sec. 4 – importation;
b. Sec. 5 – sale, administration, etc;
c. Sec. 6 – maintenance of drug den, etc;
d. Sec. 8 – manufacture of dangerous
drugs;
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 e. Sec. 10 – manufacture of paraphernalia;
f. Sec. 13 – possession of dangerous
drugs during parties; or
g. Sec. 16 – cultivation of dangerous drugs
or sources.
(4) He must meet the following criteria:
a. He willingly testifies against such
persons;
b. He does not appear as most guilty; and
c. There is no direct evidence except for
his information and testimony; and
(5) The following conditions are present:
a. The information and testimony are
necessary for conviction;
b. It is not yet in possession of the state;
c. It can be corroborated on its material
points;
d. The informant/witness has not been
convicted of a crime involving moral
turpitude except when no direct
evidence is available; and
e. He shall strictly and faithfully comply
without delay to any condition or
undertaking in writing lawfully imposed
by the State as further consideration for
the grant of immunity.

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

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

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