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SPECIAL PENAL LAWS

THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002


(R.A. 9165)

Punishable acts:
1. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals
(a) 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;
(b) Import any controlled precursor and essential chemical;
(c) Import or bring into the Philippines any dangerous drug and/or controlled precursor
and essential chemical through the use of a diplomatic passport, diplomatic facilities or
any other means involving his/her official status intended to facilitate the unlawful entry
of the same;
(d) Organizes, manages or acts as a "financier" of any of the illegal activities; and
(e) Acts as a "protector/coddler" of any violator of the provisions under this Section. (Sec.
4).

2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and


Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
(a) Sell, trade, administer, dispense, deliver, give away to another, distribute dispatch
in transit or transport any dangerous drug, including any and all species of opium
poppy regardless of the quantity and purity involved, or shall act as a broker in any
of such transactions.
(b) Sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch
in transit or transport any controlled precursor and essential chemical, or shall act
as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or


transportation of any dangerous drug and/or controlled precursor and essential chemical
transpires within one hundred (100) meters from the school, the maximum penalty shall be
imposed in every case.

(c) For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case. If the victim of the offense is a
minor or a mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein
provided be the proximate cause of death of a victim thereof, the maximum
penalty provided for under this Section shall be imposed.
(d) Organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section. Act as a "protector/coddler" of any violator (Sec. 5).

3. Maintenance of a Den, Dive or Resort


a) Maintain a den, dive or resort where any dangerous drug, or
controlled precursor and essential chemical is used or sold in any
form.
b) Where any dangerous drug is administered, delivered or sold to a
minor who is allowed to use the same in such a place.

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c) Should any dangerous drug be the proximate cause of the death of a


person using the same in such den, dive or resort, the penalty shall
be imposed on the maintainer, owner and/or operator.
d) Organize, manage or act as a "financier"
e) Act as a "protector/coddler" of any violator (Section 6).

4. Employees and Visitors of a Den, Dive or Resort


a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same (Sec. 7).

5. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential


Chemicals
a) Engage in the manufacture of any dangerous drug, controlled precursor and
essential chemical.
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:
(1) Any phase of the manufacturing process was conducted in the presence or with
the help of minor/s:
(2) Any phase or manufacturing process was established orundertaken within
one hundred (100) meters of a residential, business, church or school
premises;
(3) Any clandestine laboratory was secured or protected with booby traps;

(4) Any clandestine laboratory was concealed with legitimate business operations;
or
(5) Any employment of a practitioner, chemical engineer, public official or
foreigner.

b) Organizes, manages or acts as a "financier" of any of the illegal activities prescribed


in this Section.
c) Acts as a "protector/coddler" of any violator (Section 8).

6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals


a) Illegally divert any controlled precursor and essential chemical (Sec. 9).

7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other


Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.
a) deliver, possess with intent to deliver, or manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under
circumstances where one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process,

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prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug
and/or controlled precursor and essential chemical;
b) if the equipment, instrument, apparatus and other paraphernalia will be used to inject,
ingest, inhale or otherwise introduce into the human body a dangerous drug;
c) Use a minor or a mentally incapacitated individual to deliver such equipment,
instrument, apparatus and other paraphernalia for dangerous drugs (Sec. 10).

8. Possession of Dangerous Drugs in the following quantities, regardless of the


degree of purity thereof:
a) 10 grams or more of opium;
b) 10 grams or more of morphine;
c) 10 grams or more of heroin;
d) 10 grams or more of cocaine or cocaine hydrochloride;
e) 50 grams or more of methamphetamine hydrochloride or "shabu";
f) 10 grams or more of marijuana resin or marijuana resin oil;
g) 500 grams or more of marijuana; and
h) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetami
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements,

Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated (Sec. 11)

9. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for


Dangerous Drugs
a) possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting,
or introducing any dangerous drug into the body: Provided, That in the case of medical
practitioners and various professionals who are required to carry such equipment,
instrument, apparatus and other paraphernalia in the practice of their profession, the
Board shall prescribe the necessary implementing guidelines thereof.

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 the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed to
have violated Section 15 (Sec. 12).

10. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings


regardless of the quantity and purity of such dangerous drugs (Sec. 13).

11. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for


Dangerous Drugs During Parties, Social Gatherings or Meetings.

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a) possess or have under his/her control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2) persons (Sec.
14).

12. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to


be positive for use of any dangerous drug, after a confirmatory test (Sec. 15).

13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources


Thereof
a) Plant, cultivate or culture marijuana, opium poppy or any other plant regardless of
quantity, which is or may hereafter be classified as a dangerous drug or as a source
from which any dangerous drug may be manufactured or derived;
b) in the case of medical laboratories and medical research centers which cultivate or
culture marijuana, opium poppy and other plants, or materials of such dangerous drugs
for medical experiments and research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary implementing guidelines for the
proper cultivation, culture, handling, experimentation and disposal of such plants and
materials.
c) Organize, manage or act as a "financier"; (c) Act as a "protector/coddler" (Section 16).

14. Maintenance and Keeping of Original Records of Transactions on Dangerous


Drugs and/or Controlled Precursors and Essential Chemicals
a) Practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who
violates or fails to comply with the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled precursor and essential chemical
(Sec. 17)

15. Unnecessary Prescription of Dangerous Drugs


a) Practitioner, who shall prescribe any dangerous drug to any person whose physical
or physiological condition does not require the use or in the prescribed dosage,
particularly those who are involved in the care of persons with severe pain (Sec. 18).

16. Unlawful Prescription of Dangerous Drugs – make or issue a prescription or


any other writing purporting to be a prescription for any dangerous drug (Sec.
19).

17. Misappropriation, Misapplication or Failure to Account by Public Officer or


Employee for the Confiscated, Seized and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments / Paraphernalia and/or Laboratory Equipment Including
the Proceeds or Properties Obtained from the Unlawful Act Committed
a) any public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or

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laboratory equipment including the proceeds or properties obtained from the


unlawful acts;
b) Any elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act, or have received any financial
or material contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including government-
owned or –controlled corporations (Sec. 27).

18. Criminal Liability of Government Officials and Employees. – The maximum


penalties of the unlawful acts provided for in this Act shall be imposed, in
addition to absolute perpetual disqualification from any public office, if those
found guilty of such unlawful acts are government officials and employees.

19. Criminal Liability for Planting of Evidence – Any person who is found guilty of
"planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the penalty of death (Sec.
28).

20. Criminal Liability of Officers of Partnerships, Corporations, Associations or


Other Juridical Entities
a) In case any violation is committed by a partnership, corporation, association or any
juridical entity, the partner, president, director, manager, trustee, estate administrator, or
officer who consents to or knowingly tolerates such violation shall be held criminally
liable as a co-principal.

b) The penalty provided for the offense under this Act shall be imposed upon the
partner, president, director, manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft,
equipment or other facility, as an instrument in the importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or manufacture of
dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or
other instrument is owned by or under the control or supervision of the partnership,
corporation, association or juridical entity to which they are affiliated (Sec. 31).

21. Additional Penalty if Offender is an Alien


a) In addition to the penalties prescribed in the unlawful act committed, any alien who
violates such provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the penalty is death (Sec. 31).

Financier. – Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities prescribed under this Act.

Illegal Trafficking. – The illegal cultivation, culture, delivery, administration,


dispensation, manufacture, sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug and/or controlled precursor and
essential chemical.

Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful
acts provided for in this Act and uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person he/she knows, or has

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reasonable grounds to believe on or suspects, has violated the provisions of this Act in
order to prevent the arrest, prosecution and conviction of the violator.

Attempt or conspiracy, effect on liability


Any attempt or conspiracy to commit the following unlawful acts shall be penalized by
the same penalty prescribed for the commission of the same as provided under this
Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of
any dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs (Sec. 26).

ANTI-PLUNDER ACT (R.A. 7080, AS AMENDED)

Definition of terms
Plunder is a crime defined and penalized under Republic Act No. 7080, which became
effective in 1991. This crime somehow modified certain crimes in the Revised Penal
Code insofar as the overt acts by which a public officer amasses, acquires, or
accumulates ill-gotten wealth are felonies under the Revised Penal Code like bribery
(Articles 210, 211, 211-A), fraud against the public treasury [Article 213], other frauds
(Article 214), malversation (Article 217), when the ill-gotten wealth amounts to a total
value of P50,000,000.00. The amount was reduced from P75,000,000.00 by Republic
Act No. 7659 and the penalty was changed from life imprisonment to reclusion perpetua
to death. Short of the amount, plunder does not arise.

Any amount less than P50,000,000.00 is a violation of the Revised Penal Code or the
Anti- Graft and Corrupt Practices Act. While the crime appears to be malum prohibitum,
Republic Act No. 7080 provides that “in the imposition of penalties, the degree of
participation and the attendance of mitigating and aggravating circumstances shall be
considered by the court”.

Ill-gotten wealth
Ill-gotten wealth means any asset, property, business enterprise or material possession
of any person within the purview of Sec. 2, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business associates by any
combination or series of the following means or similar schemes:
(1) Through misappropriation, conversion, misuse, or malversation of public funds or
raids on the public treasury;
(2) By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or entity in
connection with any government contract or project by reason of the office or position of
the public officer concerned;
(3) By illegal or fraudulent conveyance or disposition of asset belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or
government-owned or controlled corporations and their subsidiaries;

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(4) By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity
or any other form of interest or participation including the promise of future employment
in any business or undertaking;
(5) By establishing agricultural, industrial, or commercial monopolies or other
combinations and/or implementations of decrees and orders intended to benefit
particular persons or special interests; or
(6) By taking undue advantage of official position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at the expense and to the damage and
prejudice of the Filipino people, and the Republic of the Philippines (Sec. 1d).

Any public officer who, by himself or in connivance with members of his family, relatives
by affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or series of
overt or criminal acts as described in Section 1(d) hereof, in the aggregate amount or
total value of at least Fifty million pesos (P50,000,000.00), shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death.

Any person who participated with said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense. In the
imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances shall be considered by the court.

The court shall declare any and all ill-gotten wealth and their interests and other incomes
and assets including the properties and shares of stock derived from the deposit or
investment thereof forfeited in favor of the State (Sec. 2).

Series / Combination
There should be committed by a combination or through a series of acts.
There should be at least two acts otherwise the accused should be charged with the
particular crime committed and not with plunder. A combination means at least two acts
of a different category; while a series means at least two acts of the same category
(Estrada vs. Sandiganbayan, GR 148560, 11/21/2001).

Pattern Rule of Evidence - For purposes of establishing the crime of plunder, it shall not
be necessary to prove each and every criminal act done by the accused in furtherance of
the scheme or conspiracy to amass, accumulate or acquire ill- gotten wealth, it being
sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or conspiracy (Sec. 4).

THE ANTI-GRAFT AND CORRUPT PRACTICES ACT


Republic Act No. 3019

Who may be liable under Sec.3 of R.A. No. 3019?


a. The law punishes not only public officers who commit prohibited acts
enumerated under Sec. 3, but also those who induce or cause the public
official to commit those offenses.
b. Private persons found acting in conspiracy with public officers may be held
liable for the applicable

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offenses found in Sec. 3 of the law.


Sec. 3(b). Directly or Indirectly Requesting or Receiving any Gift, Present, Share,
percentage, or Benefit, for Himself or for any other Person, in Connection with any
Contract or Transaction Between the Government and any other Part, wherein the
Public Officer in his Official Capacity has to Intervene under the Law.

Elements under Sec. 3(b) of R.A. No. 3019


To be convicted of violation of Sec. 3(b) of R.A. No. 3019, the prosecution has
the burden of proving the following elements:
1. the offender is a public officer;
2. who requested or received a gift, a present, a share, a percentage, or benefit;
3. on behalf of the offender or any other person;
4. in connection with a contract or transaction with the government;
5. in which the public officer, in an official capacity under the law, has the right to
intervene. (Cadiao- Palacios v. People, 582 SCRA 713, March 31, 2009)
- An accused may be charged for both offenses of direct bribery and violation of
Sec.3(b) of R.A. No.
3019 because they have different elements.

Sec.3(e). Causing Any Undue Injury To Any Party, Including The Government, Or
Giving Any Private Party Any Unwarranted Benefits, Advantage Or Preference In The
Discharge Of His Official Administrative Or Judicial Functions Through manifest
Partiality, Evident Bad Faith Or Gross Inexcusable Negligence. This Provision Shall
Apply To Officers and Employees Of Offices Or Government Corporations Charged
With The Grant Of Licenses Or Permits Or Other concessions.
In order to hold a person liable under Sec. 3 (e) of R.A. No. 3019, the
following elements must concur:
1. the offender is a public officer;
2. the act was done in the discharge of the public officer’s official, administrative or
judicial functions;
3. the act was done through manifest partiality, evident bad faith, or gross
inexcusable negligence; and
4. the public officer caused any undue injury to any party, including the
Government, or gave any unwarranted benefits, advantage or preference.
(Sison v. People, 614 SCRA 670, March 9, 2010)

- Proof of any of these three (manifest partiality, evident bad faith, or gross
inexcusable negligence) in connection with the prohibited acts mentioned in Sec.
3(e) of R.A. No. 3019 is enough to convict a person with violation of Sec. 3 (e) of
R.A. No. 3019.
(Sison v. People, March 9, 2010)

- “Partiality” is synonymous with “bias” which “excites a disposition to see and report
matters as they are wished for rather than as they are.” (Sison v. People, March 9,
2010)

- Manifest Partiality exists when the accused has a clear, notorious, or plain inclination
or predilection to favor one side or one person rather than another. It is synonymous
with bias, which excites a disposition to see and report matters as they are wished
for rather than as they are. (Reyes v. People, August 4, 2010)

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- Evident bad faith connotes a manifest deliberate intent on the part of the accused to
do wrong or to cause damage. It contemplates a breach of sworn duty through some
perverse motive or ill will. (Reyes v. People, August 4, 2010)

- Gross inexcusable negligence does not signify mere omission of duties nor plainly
the exercise of less than the standard degree of prudence it refers to negligence
characterized by the want of even the slightest case, acting or omitting to act in a
situation where there is a duty to act, not inadvertently but willfully and intentionally,
with conscious indifference to consequences in so far as other persons may be
affected.
(Sistoza v. Desierto, 388 SCRA 307)

There are two ways by which Sec. 3 (e) of R.A. No. 3019 may be violated –
a. the first mode: by causing undue injury to any party, including the government,
or
b. the second mode: by giving any private party any unwarranted benefit,
advantage or preference
In order to be found guilty under the second mode, it suffices that the accused has
given unjustified favor or benefit to another, in the exercise of his official, administrative
or judicial functions.
Ex. The private suppliers, which were all personally chosen by
respondent, were able to profit from the transactions without showing proof
that their prices were the most beneficial to the government.
To hold a person liable under this section, the concurrence of the following elements
must be established, viz:
1. that the accused is a public officer or a private person charged in conspiracy
with the former;
2. that said public officer commits the prohibited acts during the performance of
his or her official duties or in relation to his or her public positions;
3. that he or she causes undue injury to any party, whether the government or a
private party; and
4. that the public officer has acted with manifest partiality, evident bad faith or
gross inexcusable negligence.

Sec. 3(g). Entering, on behalf of the government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the public officer
profited or will profit thereby.
Elements under Sec. 3(g) of R.A. 3019:
To be indicted of the offense under Sec. 3(g) of R.A. No. 3019, the following
elements must be present:
a. that the accused is a public officer;
b. that he entered into a contract or transaction on behalf of the government; and
c. that such contract or transaction is grossly and manifestly disadvantageous to
the government (Guy
v. People, 582 SCRA 108, March 20. 2009)
A private person shall be held liable together with the public officer if there is an
allegation of conspiracy. The lack of public bidding alone does not automatically
equate to a manifest and gross disadvantage to the government.

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Sec. 3 (h). Directly or directly having financing or pecuniary interest in any business,
contract or transaction in connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the Constitution or by any law from
having any interest.

The essential elements of the violation of said provision are as follows:


1. That the accused is a public officer;
2. That he has a direct or indirect financial or pecuniary interest in any
business, contract or transaction. He either:
a. intervenes or takes part in his official capacity in connection with
such interest; or
b. is prohibited from having such interest by the Constitution or by
law. (Teves v. The Commission on Elections, 587 SCRA 1, April
28, 2009)

Republic Act No. 9262


Anti- Violence Act Against Women and Their Children Act of 2004
March 8, 2004

Violence against women and their children.

"Violence against women and their children" 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. It includes, but is
not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "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 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 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;

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c) Prostituting the woman or child.

C. “Psychological Violence” refers to acts or omissions causing or likely to cause


mental or emotional 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.

D. "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. (Sec. 3)

The crime of violence against women and their children is committed through any
of following acts:
(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 from or desist from conduct which
the 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
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;

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4. Preventing the woman in engaging in any legitimate profession, occupation, business


or activity or controlling the victim's own money 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 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 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;
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
(Sec. 5)

Penalties.
The crime of violence against women and their children shall be punished according to
the following rules:
(a) Acts falling under Section 5 (a) constituting attempted, frustrated or consummated
parricide or murder or homicide shall be punished in accordance with the provisions of
the Revised Penal Code. If these acts resulted in mutilation, it shall be punishable in
accordance with the Revised Penal Code; those constituting serious physical injuries
shall have the penalty of prision mayor; those constituting less serious physical injuries
shall be punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor. Acts falling under Section 5(b) shall be punished by
imprisonment of two degrees lower than the prescribed penalty for the consummated
crime as specified in the preceding paragraph but shall in no case be lower than arresto
mayor.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision correccional;
(d) Acts falling under Section 5(f) shall be punished by arresto mayor;
(e) Acts falling under Section 5(g) shall be punished by prision mayor;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the
presence of her child, the penalty to be applied shall be the maximum period of penalty
prescribed in the section. In addition to imprisonment, the perpetrator shall (a) pay a fine
in the amount of not less than One hundred thousand pesos (P100,000.00) but not more

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SPECIAL PENAL LAWS

than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological
counseling or psychiatric treatment and shall report compliance to the court. (Sec. 6)

Republic Act No. 8294 June 6, 1997

AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS


AMENDED, ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR
RELEVANT PURPOSES."

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled::

Section 1. Presidential Decree No. 1866, as amended, is hereby further amended to


read as follows:

"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or


ammunition or instruments used or intended to be used in the manufacture of firearms or
ammunition. – The penalty of prision correccional in its maximum period and a fine of not
less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall
unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm,
such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm,
ammunition, or machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition: Provided, That no other crime was
committed.

"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is classified as high powered firearm which
includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as
caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such
as caliber .357 and caliber .22 center-fire magnum and other firearms with firing
capability of full automatic and by burst of two or three: Provided, however, That no other
crime was committed by the person arrested.

"If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.

"If the violation of this Sec. is in furtherance of or incident to, or in connection with the
crime of rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall
be absorbed as an element of the crime of rebellion, or insurrection, sedition, or
attempted coup d'etat.

"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity, who
shall willfully or knowingly allow any of the firearms owned by such firm, company,
corporation or entity to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or knowingly allow any of them to use
unlicensed firearms or firearms without any legal authority to be carried outside of their
residence in the course of their employment.

"The penalty of arresto mayor shall be imposed upon any person who shall carry any
licensed firearm outside his residence without legal authority therefor."

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SPECIAL PENAL LAWS

Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives.


– The penalty of prision mayor in its maximum period to reclusion temporal and a fine of
not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who
shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand
grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,'
'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing
destructive effect on contiguous objects or causing injury or death to any person.

"When a person commits any of the crimes defined in the Revised Penal Code or special
laws with the use of the aforementioned explosives, detonation agents or incendiary
devices, which results in the death of any person or persons, the use of such explosives,
detonation agents or incendiary devices shall be considered as an aggravating
circumstance.

"If the violation of this Sec. is in furtherance of, or incident to, or in connection with the
crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be
absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted
coup d'etat.

"The same penalty shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or entity, who
shall willfully or knowingly allow any of the explosives owned by such firm, company,
corporation or entity, to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs."

Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 5. Tampering of firearm's serial number. – The penalty of prision correccional shall
be imposed upon any person who shall unlawfully tamper, change, deface or erase the
serial number of any firearm."

Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further


amended to read as follows:

"Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. –


The penalty of prision correccional shall be imposed upon any person who shall
unlawfully repack, alter or modify the composition of any lawfully manufactured
explosives."

Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm
shall include:

1) firearms with expired license; or

2) unauthorized use of licensed firearm in the commission of the crime.

Section 6. Rules and regulations. – The Department of Justice and the Department of
the Interior and Local Government shall jointly issue, within ninety (90) days after the
approval of this Act, the necessary rules and regulations pertaining to the administrative
aspect of the provisions hereof, furnishing the Committee on Public Order and Security
and the Committee on Justice and Human Rights of both Houses of Congress copies of
such rules and regulations within thirty (30) days from the promulgation hereof.

Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is
declared to be unconstitutional or invalid, the other Sec.s or provisions thereof which are
not affected thereby shall continue to be in full force and effect.

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SPECIAL PENAL LAWS

Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended, or
modified accordingly.

Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved: June 6, 1997.

SALIENT POINTS OF REPUBLIC ACT NO. 10591

This Act shall be known as the “Comprehensive Firearms and Ammunition


Regulation Act“.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

This Act which is a consolidation of Senate Bill No. 3397 and House Bill No. 5484
was finally passed by the Senate and the House of Representatives on February 4, 2013
and February 5, 2013, respectively.
It is the policy of the state to maintain peace and order and protect the people
against violence. It recognizes the right of its qualified citizens to self-defense through,
when it is the reasonable means to repel the unlawful aggression under the
circumstances, the use of firearms. This law regulates the ownership, possession,
carrying, manufacture, dealing in and importation of firearms, ammunition, or parts
thereof, in order to provide legal support to law enforcement agencies in their campaign
against crime, stop the proliferation of illegal firearms or weapons and the illegal
manufacture of firearms or weapons, ammunition and parts thereof.
In order to qualify and acquire a license to own and possess a firearm or firearms
and ammunition, the applicant must be a Filipino citizen, at least twenty-one (21) years
old and has gainful work, occupation or business or has filed an Income Tax Return (ITR)
for the preceding year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:
 The applicant has not been convicted of any crime involving moral turpitude:
 The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
 The applicant has passed the drug test conducted by an accredited and authorized
drug testing laboratory or clinic;
 The applicant has passed a gun safety seminar which is administered by the PNP or
a registered and authorized gun club;
 The applicant has filed in writing the application to possess a registered firearm
which shall state the personal circumstances of the applicant;
 The applicant must present a police clearance from the city or municipality police
office; and
 The applicant has not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is punishable with a penalty of more
than two (2) years.

The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.

The Chief of the PNP, through the FEO of the PNP, shall issue licenses to qualified
individuals and to cause the registration of firearms under the following categories;
 Type 1 license “ allows a citizen to own and possess a maximum of two (2)
registered firearms;
 Type 2 license “ allows a citizen to own and possess a maximum of five (5)
registered firearms;
 Type 3 license “ allows a citizen to own and possess a maximum of ten (10)
registered firearms;
 Type 4 license “ allows a citizen to own and possess a maximum of fifteen (15)
registered firearms; and
 Type 5 license “ allows a citizen, who is a certified gun collector, to own and possess
more than fifteen (15) registered firearms.
 For Types 1 to 5 licenses, a vault or a container secured by lock and key or other
security measures for the safekeeping of firearms shall be required.

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SPECIAL PENAL LAWS

 For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.

Only small arms may be registered by licensed citizens or licensed juridical entities
for ownership, possession and concealed carry. The licensed citizen or licensed juridical
entity shall register his/her/its firearms so purchased with the FEO of the PNP in
accordance with the type of license such licensed citizen or licensed juridical entity
possesses. A certificate of registration of the firearm shall be issued upon payment of
reasonable fees.
The licenses granted to qualified citizens or juridical entities as provided in this Act
shall include the license to possess ammunition with a maximum of fifty (50) rounds for
each registered firearm: Provided; That the FEO of the PNP may allow more ammunition
to be possessed by licensed sports shooters.

All types of licenses to possess a firearm shall be renewed every two (2) years.
Failure to renew the license on or before the date of its expiration shall cause the
revocation of the license and of the registration of the firearm/s under said licensee.
The registration of the firearm shall be renewed every four (4) years. Failure to renew the
registration of the firearm on or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the
government after due process.

The failure to renew a license or registration within the periods stated above on two
(2) occasions shall cause the holder of the firearm to be perpetually disqualified from
applying for any firearm license. The application for the renewal of the license or
registration may be submitted to the FEO of the PNP, within six (6) months before the
date of the expiration of such license or registration.

The unlawful acquisition, possession of firearms and ammunition shall be penalized.

BOUNCING CHECKS LAW (B.P. Blg. 22)


Offenses Punished under BP 22:

A. Making or Drawing and issuing a check knowing at the time of issue that
he does not have sufficient funds.

Elements:
1. That a person makes or draws and issues any check to apply on account or for
value.
2. That the person knows that at the time of issue he does not have sufficient funds
or credit with the drawee bank for the payment of such check upon its
presentment
3. That the check is subsequently dishonored by the drawee bank for insufficiency
of funds or credit, or would have been dishonored for the same reason had not
the drawer, without any valid reason, ordered the bank to stop payment.

Requisites for Criminal Liability under BP 22:


1. A person makes, draws or issues a check as payment for account or for value.
2. That the check was dishonored by the bank due to a lack of funds, insufficiency
of funds or account already closed.

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SPECIAL PENAL LAWS

3. The payee or holder of such check gives a written notice of dishonor and
demand for payment.
4. That the maker, drawer or issuer, after receiving such notice and demand,
refuses or fails to pay the value of the check within FIVE BANKING DAYS.

B. Failing to keep sufficient funds to cover the full amount of the check.

1. That a person has sufficient funds with the drawee bank when he makes or
draws and issues a check
2. That he fails to keep sufficient funds or to maintain a credit to cover the full
amount if presented within a period of 90 days from the date of appearing
thereon.
3. That the check is dishonored by the drawee bank

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