INTRODUCTION
Persons convicted of offenses punished with reclusion
Special Penal Laws are that define and penalize crimes not
included in the Revised Penal Code; these crimes are of a nature
different from those defined and punished in the RPC.
>Purely Special Law – RPC has no suppletory application
>Laws merely amending the provisions of the RPC are not
considered special penal laws.
Rules of Construction
All laws must be interpreted in favor of the accused and strictly
against the State. Whenever two interpretations of penal laws are
possible, one exculpatory and the other inculpatory, the former
interpretation shall prevail, consistent with the rule on
presumption of innocence. Stated otherwise, where a penal law is
susceptible of two interpretations, one consistent with acquittal,
and the other with conviction, the offender is entitled to acquittal
as a matter of right.
Relationship between SPLs and the RPC
Art. 10 of RPC: Offenses not subject to the provisions of this
Code. – Offenses which are or in the future may be punishable
under special laws are not subject to the provisions of this Code.
This Code shall be supplementary to such laws, unless the latter
should specially provide the contrary.
2 rules enunciated in the article: (1) Special laws are not subject to
the provisions of the RPC; and (2) This code shall be
supplementary to such laws.
While it seems that the two clauses are contradictory, a sensible
interpretation will show that they can perfectly be reconciled.
The first clause means that special penal laws are controlling with
regard to offenses therein specifically punished following the rule
that special legal provisions prevail over the general ones. Lex
specialis derogant generali. In fact, the clause can be considered
as a superfluity and could have been eliminated altogether. The
second clause contains the soul of the article. The man idea and
purpose of the article is embodied on the provisions that the “code
shall be supplementary to special laws, unless the later should
specifically provide the contrary.
The general rule is that special laws are not subject to the
provisions of the RPC.
DEATH PENALTY (R.A. 9346)
Sec. 2. In lieu of the death penalty, the following shall be
imposed:
(a) The penalty of reclusion perpetua, when the law violated
makes use of the nomenclature of the penalties of the
Revised Penal Code: or
(b) The penalty of life imprisonment, when the law violated
does not make use of nomenclature of the penalties of the
Revised Penal Code
Sec. 3.
perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not be eligible for parole
under Act. No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.
T/F: As of today, there is no death penalty in the Philippines?
A: False. There is still death penalty but we cannot impose it.
Effect? Sec. 2.
JUVENILE JUSTICE WELFARE ACT (R.A. 9344, as
amended by R.A. 10630)
Definitions:
"Child" refers to a person under the age of eighteen (18) years.
"Child at Risk" refers to a child who is vulnerable to and at the
risk of committing criminal offenses because of personal, family
and social circumstances.
"Child in Conflict with the Law" refers to a child who is alleged
as, accused of, or adjudged as, having committed an offense under
Philippine laws.
"Diversion" refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings.
"Intervention" refers to a series of activities which are designed
to address issues that caused the child to commit an offense. It
may take the form of an individualized treatment program which
may include counseling, skills training, education, and other
activities that will enhance his/her psychological, emotional and
psycho-social well-being.
"Juvenile Justice and Welfare System" refers to a system
dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal growth and
development.
"Recognizance" refers to an undertaking in lieu of a bond
assumed by a parent or custodian who shall be responsible for the
appearance in court of the child in conflict with the law, when
required.
SEC. 6. Minimum Age of Criminal Responsibility. - A child
fifteen (15) years of age or under at the time of the commission of
the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to
Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
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The exemption from criminal liability herein established does not
include exemption from civil liability, which shall be enforced in
accordance with existing laws.
SEC. 7. Determination ofAge. - The child in conflict with the law
shall enjoy the presumption of minority. He/She shall enjoy all the
rights of a child in conflict with the law until he/she is proven to
be eighteen (18) years old or older. The age of a child may be
determined from the child's birth certificate, baptismal certificate
or any other pertinent documents. In the absence of these
documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical
appearance of the child and other relevant evidence. In case of
doubt as to the age of the child, it shall be resolved in his/her
favor. XxX
T/F: All those below 18 are considered as juveniles?
A: True. (Definition of a child)
Q: All child covered by the law is treated the same?
A: No. Intervention is below 15 and 15-18 if acted without
discernment. Diversion if 15-18 and acted with discernment.
Q: Difference between Diversion and Intervention?
A: Diversion involves children being brought to detention centers,
e.g. Bahay Pag-asa
INDETERMINATE SENTENCE LAW (R.A. 4103, as
amended)
Sec. 1. Hereafter, in imposing a prison sentence for an offense
punished by the Revised Penal Code, or its amendments, the court
shall sentence the accused to an indeterminate sentence the
maximum term of which shall be that which, in view of the
attending circumstances, could be properly imposed under the
rules of the said Code, and the minimum which shall be within
the range of the penalty next lower to that prescribed by the
Code for the offense; and if the offense is punished by any other
law, the court shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less
than the minimum term prescribed by the same.
Sec. 2. This Act shall not apply to persons convicted of offenses
punished with death penalty or life-imprisonment; to those
convicted of treason, conspiracy or proposal to commit treason; to
those convicted of misprision of treason, rebellion, sedition or
espionage; to those convicted of piracy; to those who are habitual
delinquents; to those who have escaped from confinement or
evaded sentence; to those who having been granted conditional
pardon by the Chief Executive shall have violated the terms
thereof; to those whose maximum term of imprisonment does not
exceed one year, not to those already sentenced by final judgment
at the time of approval of this Act, except as provided in Section 5
hereof.
Sec. 6. Every prisoner released from confinement on parole by
virtue of this Act shall, at such times and in such manner as may
be required by the conditions of his parole, as may be designated
by the said Board for such purpose, report personally to such
government officials or other parole officers hereafter appointed
by the Board of Indeterminate Sentence for a period of
surveillance equivalent to the remaining portion of the maximum
sentence imposed upon him or until final release and discharge by
the Board of Indeterminate Sentence as herein provided. The
officials so designated shall keep such records and make such
reports and perform such other duties hereunder as may be
required by said Board. The limits of residence of such paroled
prisoner during his parole may be fixed and from time to time
changed by the said Board in its discretion. If during the period of
surveillance such paroled prisoner shall show himself to be a law-
abiding citizen and shall not violate any of the laws of the
Philippine Islands, the Board of Indeterminate Sentence may issue
a final certificate of release in his favor, which shall entitle him to
final release and discharge.
Sec. 8. Whenever any prisoner released on parole by virtue of this
Act shall, during the period of surveillance, violate any of the
conditions of his parole, the Board of Indeterminate Sentence may
issue an order for his re-arrest which may be served in any part of
the Philippine Islands by any police officer. In such case the
prisoner so re-arrested shall serve the remaining unexpired portion
of the maximum sentence for which he was originally committed
to prison, unless the Board of Indeterminate Sentence shall, in its
discretion, grant a new parole to the said prisoner.
COVERAGE
 Modified the imposition of penalties both for violations of the
RPC and SPL
 Courts are mandated to fix a minimum and maximum period of
penalty
 Minimum must be served and thereupon the convict becomes
eligible for parole
 The rest of his sentence is served out of prison under
supervision of a parole officer
T/F: If one is convicted of a crime, is the judge required to apply
ISLaw?
A: FALSE. BECAUSE OF EXCEPTIONS.
INSTANCES WHEN NOT APPLICABLE
ISL is mandatory except in the following cases when a straight
penalty should be imposed:
1. Death or life imprisonment, and pursuant to jurisprudence,
reclusion perpetua
2. Treason, conspiracy or proposal to commit treason, misprision
of treason
3. Rebellion, sedition, espionage
4. Piracy
5. Habitual delinquents
6. Escaped from confinement or evaded sentence
7. Granted conditional pardon and violated the terms thereof
8. Maximum period of imprisonment does not exceed 1 year
9. Already serving final judgment upon approval of the ISL
10. *Penalty is other than prison sentence (e.g., destierro,
suspension)
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11. **Application will result to absurdity
12. **Unfavorable to the Accused 1 mitigating RTmin PMany

NON-EXCEPTIONS FROM THE ISL 1 aggravating RTmax PMany

 Recidivists, even if the crime is committed while he is on parole 2 aggravating RTmax PMany (can only
 In sentences arrived at after a valid plea bargaining go up by period
 Plea bargaining is authorized by the Rules of Court and is in fact and not degree)
required to be considered by the trial court at the pre-trial
conference 3 aggravating RTmax PMany
 Because in the determination of whether an indeterminate
sentence and not a straight penalty is proper, what is considered is 2 ordinary Acc. To Atty. PMmin-med
the penalty actually imposed by the trial court, after considering mitigating Chua: PMmed
the attendant circumstances, and not the imposable penalty
For purposes of the
 Drug offenses as long as it does not involve reclusion perpetua bar: PMmed PCany
and it will exceed 1 year imprisonment
 When a person is convicted under a law subsequently amended 4 mitigating, 1 RTmin PMany
and upon recomputation, he has served the maximum penalty, aggravating
notwithstanding the absence of any petition for a writ of habeas
corpus or any similar judicial relief, his release is in order 2 privileged PCmed AMany
mitigating
Q: How to apply ISL
3 privileged ISL WILL NOT Bec. AMmed is
A: mitigating APPLY less than 1 year

If SPL uses the nomenclature of SPL penalties, ** 2 or more ordinary mitigating circumstance as privileged
mitigating if there is NO aggravating circumstance
 Maximum term shall be any period not to exceed the maximum
fixed by the said law COMPUTATION:
 Minimum term shall be any period not less than the minimum
term prescribed by the same RTmed: 14 years 8 months 1 days
 In special laws, there are no mitigating or aggravating
circumstances, or periods of divisible penalty 1st step: 20 years – 12 years = 8 years
2nd step: 8 years x 12 months = 12 months
Example: 3rd step: 96 months (coz 8 years diba) ÷ 3 periods = 32 months
BP 22 (5-10 years) Min: 12y 1d – 14y 8m
1) 5-10 years Med: 14y 8m 1d – 17y 4m
2) 6.-10 years Max: 17y 4m 1d – 20y
3) 6-9 years
4) 5-8 years PMany: 6y 1d – 12y (any period acc. to the court’s discretion)
*no application of modifying circumstances
Q: what if crime is committed 5 times already? Can you impose ARRESTO MAYOR (an exception)
10-15 years? 30 days-5 years? -not equally divided into 3 periods
A: NO. Still NO. Max: 4m 1d – 6m
Med: 2m 1d – 4m
If SPL uses nomenclature of the RPC: Max: 1m 1d – 2m

Homicide (Reclusion Temporal: 12 years and 1 day – 20 years) Q: What is the purpose of proving more than one aggravating
circumstances?
Max Min
A: (1) Because they can off-set mitigating circumstances; (2) It
No attending RTmed PMany (do not may define civil liability; (3) Can affect the discretion of the court
circumstances consider in determining the minimum penalty
circumstance, just
go one degree Q: Why determine min-max penalty?
lower then period
according to the A: Min – for purposes of parole. Max – maximum period you can
discretion of the serve imprisonment
court

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T/F: Maximum period is only important if convict violates
conditions of Parole?
A: False.
ADDITIONAL FOR ISLAW
Imposed Penalty: PMmed – PMmax
ISLaw Penalty: PCmax – PMmin
General Rule: If whole
period of RT is imposed, it’s
divided into 3 periods.
Hence if only 2 periods
prescribed penalty, then 1
degree is only composed of
2 periods.
E.g.
PMmin – PMmed will be
PCmed – PCmax
If only one period is imposed, you go down only 1 period.
E.g. PMmed – PMmax
8yrs 1day – 12 years
4yrs ÷ 3 = 1yr 4mos
Min: 8yrs 1d – 9yrs 4m
Med: 9yrs 4m 1d – 10yrs 8m
Max: 10yrs 8m 1d – 12yrs
PROBATION LAW (P.D. 968, as amended)
Probation - is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer.
Section 4. Grant of Probation. Subject to the provisions of this
Decree, the court may, after it shall have convicted and sentenced
a defendant and upon application at any time of said defendant,
suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms
and conditions as it may deem best. Probation may be granted
whether the sentence imposes a term of imprisonment or a fine
only. An application for probation shall be filed with the trial
court, with notice to the appellate court if an appeal has been
taken from the sentence of conviction. The filing of the
application shall be deemed a waiver of the right to appeal, or
the automatic withdrawal of a pending appeal. An order
granting or denying probation shall not be appealable
Section 8. Criteria for Placing an Offender on Probation. In
determining whether an offender may be placed on probation, the
court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the
offender, and available institutional and community resources.
Probation shall be denied if the court finds that:
(a) The offender is in need of correctional treatment that can
be provided most effectively by his commitment to an
institution; or
(b) There is undue risk that during the period of probation
the offender will commit another crime; or
(c) Probation will depreciate the seriousness of the offense
committed.
Section 9. Disqualified Offenders. The benefits of this Decree
shall not be extended to those:
(a) Sentenced to serve a maximum term of imprisonment of
more than six years;
(b) Convicted of any offense against the security of the State;
(c) Who have previously been convicted by final judgment of
an offense punished by imprisonment of not less than one
month and one day and/or a fine of not less than Two
Hundred Pesos;
(d) Who have been once on probation under the provisions of
this Decree; and
(e) Who are already serving sentence at the time the
substantive provisions of this Decree became applicable
pursuant to Section 33 hereof
Section 10. Conditions of Probation. Every probation order issued
by the court shall contain conditions requiring that the probationer
shall:
(a) present himself to the probation officer designated to
undertake his supervision at such place as may be specified in the
order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such
time and place as specified by said officer.
The court may also require the probationer to: (a) cooperate with a
program of supervision; (b) meet his family responsibilities; (c)
devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer; (d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a specified
institution, when required for that purpose; (e) pursue a prescribed
secular study or vocational training; (f) attend or reside in a
facility established for instruction, recreation or residence of
persons on probation; (g) refrain from visiting houses of ill-
repute; (h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to
visit his home and place or work; (j) reside at premises approved
by it and not to change his residence without its prior written
approval; or (k) satisfy any other condition related to the
rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience.
Section 14. Period of Probation.
(a) The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two
years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is
made to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as
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computed at the rate established, in Article thirty-nine of the
Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At
any time during probation, the court may issue a warrant for the
arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing, which may
be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke or
continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be
appealable.
NATURE, OBJECTIVES AND CONDITIONS
 Not a right of the accused, but rather an act of grace and
clemency or immunity conferred by the State which may be
granted by the court
 Not a penal statute, thus, the principle of liberal interpretation
does not apply
 Disposition under which the defendant after conviction and
sentence is released subject to the mandatory and discretionary
conditions imposed by the court and to the supervision by a
probation officer
MANDATORY CONDITIONS
1. Report to the designated probation officer within 72 hours after
receipt of the order; and
2. Report periodically to the officer at least once a month or
sooner as the latter may deem
 Discretionary conditions depend upon the court but these must
be constructive and not unduly restrictive of the liberty of the
offender, not more onerous than the penalty for the crime and not
inconsistent with his conscience
PROBATIONABLE PENALTY
 Maximum period of the penalty imposed must not exceed 6
years (prision correccional)
 An additional 1 day (prision mayor) would disqualify the
offender from the privilege of probation
GROUNDS FOR DENIAL OF APPLICATION
 Must be applied for by the convict who is not disqualified
therefor within the period for perfecting an appeal
1. In need of correctional treatment that can be
provided most effectively by his commitment to an
institution
2. Undue risk that during the period of probation the
offender will commit another crime
3. Probation will depreciate the seriousness of the
offense committed
 One who, instead of complying with the orders of the trial
courts in the 54 counts of violation of BP 22, resorted to artifice to
evade the implementation of a writ of execution by executing a
simulated deed of sale over her property is not entitled to
probation (Santos v. CA)
DISQUALIFICATIONS
Under the law:
1. Maximum term of imprisonment of more than 6 years
2. Convicted of subversion or any crime against national security
or public order:
a. Against National Security – Treason; conspiracy and
proposal to commit treason; misprision of treason;
espionage; inciting to war and giving motives for
reprisal; violation of neutrality; correspondence with
hostile country; flight to enemy country; piracy and
mutiny
b. Against Public Order – Rebellion, insurrection, coup,
sedition; illegal assemblies and associations;
direct/indirect assault, resistance and disobedience;
public disorders: tumults, alarms and scandals; delivery
of prisoners from jail; evasion of service of sentence;
quasi-recidivism
c. Under RA 9165, persons convicted for drug trafficking
or pushing cannot avail of the privilege granted by the
Probation Law
 Minors are not exempt from this proscription for had it
been the intention to exempt, the law could have easily
declared so
3. Previously convicted by final judgment of an offense punished
by imprisonment of not less than 1 month and 1 day and/or a fine
not less than P200
 “Previous” refers to conviction, not to the commission
of the offense, notwithstanding the fact that the crime
arose out of a single transaction
4. Have been once on probation
5. Already serving sentence at the time the substantive provisions
of the Decree become applicable
6. Entitled to the benefits under PD 603 and similar laws*
 PD 603, as amended by PD 1179 and RA 9344 entitle
the minor to avail of probation hence, this
disqualification no longer holds
7. Perfected an appeal
 Probation not allowed after an appeal has been
perfected because appeal and probation are mutually
exclusive remedies
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  A person filing an appeal insists on his innocence, PROBATION VS. PAROLE
whereas, one applying for probation in effect admits his
wrongdoing and is now ready to repent
Probation Parole
 Appeal should not bar application for probation if the
appeal is taken solely to reduce the penalty (in order to
Sentence Not more than 6 More than 1 year
“qualify” for probation) years

Under RA 9160, as amended by RA 9194 Penalty Imprisonment or Imprisonment only

fine
8. Election offenses, punishable with imprisonment of not less
than 1 year but not more than 6 years with disqualification for Disposition Sentence is Imprisonment for
probation suspended at least the
minimum
9. Malicious reporting of money laundering transactions
Violation of Entire sentence Unexpired portion
Under BP 881: Condition served shall be served

 For purposes of disqualification, multiple prison terms Appeal Forecloses No effect

are distinct from each other probation
 If none of the terms exceed the limits set out in the
Probation Law (not more than 6 years), then the offender Availability Only once Every time as long
is entitled to probation, unless otherwise specifically as offender is not
disqualified disqualified
 The number of offenses is immaterial as long as all the
penalties imposed, taken separately, are within the Character Grant of privilege; Mandatory;
probationable period must be applied for application not
necessary
 The Probation Law uses the word “maximum,” not
“total,” when it says “benefits of this Decree shall not
T/F: If granted probation, convict will never go to jail?
extend to those xxx sentenced to serve a maximum
prison term of imprisonment of more than 6 years”
A: False. If he violates conditions, he will go to jail.
Example:
 An accused issued 3 bad checks to one and the same HOW LONG WILL THE PROBATION BE?
complainant, 3 separate informations were filed and the 3
cases were not consolidated If not more than one year: no more than 2 years
 He was convicted and imposed a fine of P4k in one All other cases: no more than 6 years
case while he was imposed a prison term of 30 days in Fine & Subsidiary penalty: no more than and no less than twice
each of the other 2 cases the number of subsidiary penalty
 He should be disqualified for probation as his earlier
conviction imposed a fine of more than P200 Q: Juan Dela Cruz was convicted. Court imposed 5 years as
penalty. He filed an appeal questioning the penalty. CA granted
PERIOD TO FILE APPLICATION the reduction. Can he still apply for probation?
 Must be filed within the period for perfecting an appeal
A: No. 5 years is already a probationable penalty.
T/F: If you file probation during the period, it should always be
granted What if the penalty was 8 years. He appealed that he should not
have been convicted and that the proper penalty is 5 years. Can he
A: False. Even if no disqualification, application can still be still apply for probation?
denied if: undue risk, needs correctional treatment, depreciate
seriousness A: No. Before the exception may apple, he should not have
questioned the conviction.
LEGAL EFFECT OF PROBATION

 Only to suspend the execution of the sentence Q: Juan Dela Cruz was convicted for 10 years. He served the
 Conviction subsists and remains totally unaffected minimum of 4 years, then was granted parole. However, on the 7 th
notwithstanding the grant of probation year, he violated the conditions. How many more years does he
need to serve?

A: 3 more years

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SUBSIDIARY PENALTY (R.A. 10159)
Section 1. Article 39 of Act No. 3815, as amended, is hereby
further amended to read as follows:
"Art. 39. Subsidiary Penalty. – If the convict has no property with
which to meet the fine mentioned in paragraph 3 of the next
preceding article, he shall be subject to a subsidiary personal
liability at the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction by the trial court,
subject to the following rules:
1. If the principal penalty imposed be prision correctional or
arresto and fine, he shall remain under confinement until his fine
referred in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term of the
sentence, and in no case shall it continue for more than one
year, and no fraction or part of a day shall be counted against the
prisoner.
2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision
correctional, no subsidiary imprisonment shall be imposed
upon the culprit.
4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations
as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from the
fine in case his financial circumstances should improve."
Q: Juan Dela Cruz was convicted for 4 years + fine, but he refuse
to pay. How will the court enforce the penalty of fine?
A: Court can compel him. Through writ of execution, etc.
COMPUTATION
Highest minimum wage for every day until fulfillment of the fine.
No fraction shall be taken against the accused. No remainder, just
get the whole number.
PREVENTIVE IMPRISONMENT (R.A. 10592)
Section 1. Article 29 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code, is hereby further amended to
read as follows:
"ART. 29. Period of preventive imprisonment deducted from term
of imprisonment. – Offenders or accused who have undergone
preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after being
informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
1. When they are recidivists, or have been convicted previously
twice or more times of any crime; and
2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall do
so in writing with the assistance of a counsel and shall be
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion
perpetua shall be deducted from thirty (30) years.
Whenever an accused has undergone preventive imprisonment
for a period equal to the possible maximum imprisonment of
the offense charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding
on appeal, if the same is under review. Computation of preventive
imprisonment for purposes of immediate release under this
paragraph shall be the actual period of detention with good
conduct time allowance: Provided, however, That if the accused is
absent without justifiable cause at any stage of the trial, the court
may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and
persons charged with heinous crimes are excluded from the
coverage of this Act. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released after
thirty (30) days of preventive imprisonment."
ALLOWANCE FOR GOOD CONDUCT (R.A. 10592)
Section 3. Article 97 of the same Act is hereby further amended to
read as follows:
"ART. 97. Allowance for good conduct. – The good conduct of
any offender qualified for credit for preventive imprisonment
pursuant to Article 29 of this Code, or of any convicted prisoner
in any penal institution, rehabilitation or detention center or any
other local jail shall entitle him to the following deductions from
the period of his sentence:
1. During the first two years of imprisonment, he shall be
allowed a deduction of twenty days for each month of good
behavior during detention;
2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a reduction of twenty-three
days for each month of good behavior during detention;
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3. During the following years until the tenth year, inclusive, of
his imprisonment, he shall be allowed a deduction of twenty-five
days for each month of good behavior during detention;
4. During the eleventh and successive years of his imprisonment,
he shall be allowed a deduction of thirty days for each month of
good behavior during detention; and
5. At any time during the period of imprisonment, he shall be
allowed another deduction of fifteen days, in addition to numbers
one to four hereof, for each month of study, teaching or
mentoring service time rendered.
An appeal by the accused shall not deprive him of entitlement to
the above allowances for good conduct."
Section 4. Article 98 of the same Act is hereby further amended to
read as follows:
"ART. 98. Special time allowance for loyalty. – A deduction of
one fifth of the period of his sentence shall be granted to any
prisoner who, having evaded his preventive imprisonment or the
service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities
within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the
period of his sentence shall be granted in case said prisoner chose
to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article
158 of this Code.
This Article shall apply to any prisoner whether undergoing
preventive imprisonment or serving sentence."
OBSTRUCTION OF JUSTICE (P.D. 1829)
Section 1. The penalty of prision correccional in its maximum
period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall
be imposed upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the apprehension of
suspects and the investigation and prosecution of criminal cases
by committing any of the following acts:
(a) preventing witnesses from testifying in any criminal
proceeding or from reporting the commission of any offense or
the identity of any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or threats;
(b) altering, destroying, suppressing or concealing any paper,
record, document, or object, with intent to impair its verity,
authenticity, legibility, availability, or admissibility as
evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or official
proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any
person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal laws in
order to prevent his arrest prosecution and conviction;
(d) publicly using a fictitious name for the purpose of
concealing a crime, evading prosecution or the execution of a
judgment, or concealing his true name and other personal
circumstances for the same purpose or purposes;
(e) delaying the prosecution of criminal cases by obstructing
the service of process or court orders or disturbing
proceedings in the fiscal's offices, in Tanodbayan, or in the
courts;
(f) making, presenting or using any record, document, paper
or object with knowledge of its falsity and with intent to affect
the course or outcome of the investigation of, or official
proceedings in, criminal cases;
(g) soliciting, accepting, or agreeing to accept any benefit in
consideration of abstaining from, discounting, or impeding
the prosecution of a criminal offender;
(h) threatening directly or indirectly another with the infliction
of any wrong upon his person, honor or property or that of any
immediate member or members of his family in order to prevent
such person from appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a condition, whether
lawful or unlawful, in order to prevent a person from appearing in
the investigation of or in official proceedings in, criminal cases;
(i) giving of false or fabricated information to mislead or
prevent the law enforcement agencies from apprehending the
offender or from protecting the life or property of the victim; or
fabricating information from the data gathered in confidence
by investigating authorities for purposes of background
information and not for publication and publishing or
disseminating the same to mislead the investigator or to the
court.
DISTINCTION
1. Degree of Participation
Under RPC, you are an accessory
Under 1829, you are a principal
2. In RPC, you have to consider who and what is
committed
3. Exception from accessory penalty under RPC does not
apply in 1829 (e.g. mother of a person who tried to kill
Pduts, facilitated escape son’s escape)
PRESCRIPTION OF OFFENSES (Act. 3326)
Section 1. Violations penalized by special acts shall, unless
otherwise provided in such acts, prescribe in accordance with the
following rules: (a) after a year for offenses punished only by a
fine or by imprisonment for not more than one month, or both;
(b) after four years for those punished by imprisonment for more
than one month, but less than two years; (c) after eight years
SPL Prelims Reviewer| M.A.C. | 8
for those punished by imprisonment for two years or more, but
less than six years; and (d) after twelve years for any other
offense punished by imprisonment for six years or more, except
the crime of treason, which shall prescribe after twenty years.
Violations penalized by municipal ordinances shall prescribe after
two months.
Sec. 2. Prescription shall begin to run from the day of the
commission of the violation of the law, and if the same be not
known at the time, from the discovery thereof and the institution
of judicial proceeding for its investigation and punishment.
**If prescription is provided in RPC, then RPC will apply. If the
act is punished under SPL, then what is provided in SPL will
apply. Only apply Act. 3326 if there is no prescription provided in
the SPL
ANTI-TORTURE LAW (R.A. 9745)
"Torture" refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him/her or a third person
information or a confession; punishing him/her for an act he/she
or a third person has committed or is suspected of having
committed; or intimidating or coercing him/her or a third person;
or for any reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a
person in authority. It does not include pain or Buffering arising
only from, inherent in or incidental to lawful sanctions.
"Other cruel, inhuman and degrading treatment or
punishment" refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act, inflicted
by a person in authority or agent of a person in authority against a
person under his/her custody, which attains a level of severity
causing suffering, gross humiliation or debasement to the latter.
"Order of Battle" refers to any document or determination 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 that it considers as
legitimate targets as combatants that it could deal with, through
the use of means allowed by domestic and international law.
Section 4. Acts of Torture. - For purposes of this Act, torture shall
include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in authority
upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the
body, such as:
(1) Systematic beating, headbanging, punching, kicking,
striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or
substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or
spices directly on the wound(s);
(5) The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood until
the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful
bodily position;
(7) Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or electrical
torture of the genitals;
(8) Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight
and extreme cold;
(12) The use of plastic bag and other materials placed
over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the
perception, memory. alertness or will of a person, such
as:
(i) The administration or drugs to induce
confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or
certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) Mental/Psychological Torture refers to acts committed by a
person in authority or agent of a person in authority which are
calculated to affect or confuse the mind and/or undermine a
person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her relative(s) with
bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention
places;
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 (4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display
or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of
liberty from one place to another, creating the belief that
he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's
head or putting marks on his/her body against his/her
will;
(11) Deliberately prohibiting the victim to communicate
with any member of his/her family; and
(12) Other analogous acts of mental/psychological
torture.
Section 15. Torture as a Separate and Independent Crime. -
Torture as a crime shall not absorb or shall not be absorbed by any
other crime or felony committed as a consequence, or as a means
in the conduct or commission thereof. In which case, torture shall
be treated as a separate and independent criminal act whose
penalties shall be imposable without prejudice to any other
criminal liability provided for by domestic and international laws.
T/F: All those punished under R.A. 9745 are already punished
under the RPC?
A: As to physical torture, yes. But some acts of mental or
psychological torture are not
Q: Why need 9745 if already punished by RPC?
A: Like some other SPL already covered by TPC, it will not
capture the seriousness of the illegal acts committed (e.g. Hazing)
ANTI-ENFORCED OR INVOLUNTARY DISAPPERANCE
ACT (R.A. 10353)
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.
Section 5. "Order of Battle" or Any Order of Similar Nature, Not
Legal Ground, for Enforced or Involuntary Disappearance. – An
"Order of Battle" or any order of similar nature, official or
otherwise, from a superior officer or a public authority 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.
Section 6. Right of Access to Communication. – It shall be the
absolute right of any person deprived of liberty to have immediate
access to any form of communication available in order for him or
her to inform his or her family, relative, friend, lawyer or any
human rights organization on his or her whereabouts and
condition.
Section 7. Duty to Report Victims of Enforced or Involuntary
Disappearance. – Any person, not being a principal, accomplice
or accessory, who has an information of a case of enforced or
involuntary disappearance or who shall learn of such information
or that a person is a victim of enforced or involuntary
disappearance, shall immediately report in writing the
circumstances and whereabouts of the victim to any office,
detachment or division of the Department of the Interior and
Local Government (DILG), the Department of National Defense
(DND), the Philippine National Police (PNP), the Armed Forces
of the Philippines (AFP), the National Bureau of Investigation
(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
Section 10. Official Up-to-Date Register of All Persons Detained
or Confined. - All persons detained or confined shall be placed
solely in officially recognized and controlled places of detention
or confinement where an official up-to-date register of such
persons shall be maintained. Relatives, lawyers, judges, official
bodies and all persons who have legitimate interest in the
whereabouts and condition of the persons deprived of liberty shall
have free access to the register. XxX
Section 11. Submission of List of Government Detention
Facilities. –Within six (6) months from the effectivity of this Act
and as may be requested by the CHR thereafter, all government
agencies concerned shall submit an updated inventory or list of all
officially recognized and controlled detention or confinement
facilities, and the list of detainees or persons deprived of liberty
under their respective jurisdictions to the CHR.
Section 13. Visitation /Inspection of Places of Detention and,
Confinement. –The CHR or its duly authorized representatives are
hereby mandated and authorized to conduct regular, independent,
unannounced and unrestricted visits to or inspection of all places
of detention and confinement.
Section 25. 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. For
purposes of determining whether such grounds exist, the Secretary
of the Department, of Foreign Affairs (DFA) and the Secretary of
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the Department of Justice (DOJ) in coordination with the
Chairperson of the CHR, shall take into account all relevant
considerations including where applicable and not limited to, the
existence in the requesting State of a consistent pattern of gross,
flagrant or mass violations of human rights.
CRIMES AGAINST INTERNATIONAL HUMANITARIAN
LAW (R.A. 9851)
“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
"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.
"Perfidy" means acts which invite the confidence of an adversary
to lead him/her to believe he/she is entitled to, or is obliged to
accord, protection under the rules of International Humanitarian
Law, with the intent to betray that confidence, including but not
limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
(5) feigning protective status by use of signs, emblems or
uniforms of the United Nations or of a neutral or other
State not party to the conflict.
Section 4. War Crimes. - For the purpose of this Act, "war
crimes" or "crimes against International Human Humanitarian
Law" means:
(a) In case of an international armed conflict, grave
breaches of the Geneva Conventions of 12 August 1949,
namely, any of the following acts against persons or
property protected under provisions of the relevant
Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including
biological experiments;
(3) Willfully causing great suffering, or serious
injury to body or health;
(4) Extensive destruction and appropriation of
property not justified by military necessity and
carried out unlawfully and wantonly;
(5) Willfully depriving a prisoner of war or
other protected person of the rights of fair and
regular trial;
(6) Arbitrary deportation or forcible transfer of
population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war or
other protected person to serve in the forces of a
hostile power; and
(9) Unjustifiable delay in the repatriation of
prisoners of war or other protected persons.
(b) In case of a non-international armed conflict,
serious violations of common Article 3 to the four (4)
Geneva Conventions of 12 August 1949, namely, any of
the following acts committed against persons taking no
active part in the hostilities, including member of the
armed forces who have laid down their arms and those
placed hors de combat by sickness, wounds, detention or
any other cause;
(1) Violence to life and person, in particular,
willful killings, mutilation, cruel treatment and
torture;
(2) Committing outrages upon personal dignity,
in particular, humiliating and degrading
treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the carrying
out of executions without previous judgment
pronounced by a regularly constituted court,
affording all judicial guarantees which are
generally recognized as indispensable.
(c) Other serious violations of the laws and customs
applicable in armed conflict, within the established
framework of international law, namely:
(1) Internationally directing attacks against the
civilian population as such or against individual
civilians not taking direct part in hostilities;
(2) Intentionally directing attacks against
civilian objects, that is, objects which are not
military objectives;
(3) Intentionally directing attacks against
buildings, material, medical units and transport,
and personnel using the distinctive emblems of
the Geneva Conventions or Additional Protocol
III in conformity with intentional law;
(4) Intentionally directing attacks against
personnel, installations, material, units or
vehicles involved in a humanitarian assistance
or peacekeeping mission in accordance with the
Charter of the United Nations, as long as they
are entitled to the protection given to civilians
or civilian objects under the international law of
armed conflict;
(5) Launching an attack in the knowledge that
such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects
or widespread, long-term and severe damage to
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the natural environment which would be
excessive in relation to the concrete and direct
military advantage anticipated;
(6) Launching an attack against works or
installations containing dangerous forces in the
knowledge that such attack will cause excessive
loss of life, injury to civilians or damage to
civilian objects, and causing death or serious
injury to body or health.
(7) Attacking or bombarding, by whatever
means, towns, villages, dwellings or buildings
which are undefended and which are not
military objectives, or making non-defended
localities or demilitarized zones the object of
attack;
(8) Killing or wounding a person in the
knowledge that he/she is hors de
combat, including a combatant who, having laid
down his/her arms or no longer having means of
defense, has surrendered at discretion;
(9) Making improper use of a flag of truce, of
the flag or the military insignia and uniform of
the enemy or of the United Nations, as well as
of the distinctive emblems of the Geneva
Conventions or other protective signs under
International Humanitarian Law, resulting in
death, serious personal injury or capture;
(10) Intentionally directing attacks against
buildings dedicated to religion, education, art,
science or charitable purposes, historic
monuments, hospitals and places where the sick
and wounded are collected, provided they are
not military objectives. In case of doubt whether
such building or place has been used to make an
effective contribution to military action, it shall
be presumed not to be so used;
(11) Subjecting persons who are in the power of
an adverse party to physical mutilation or to
medical or scientific experiments of any kind, or
to removal of tissue or organs for
transplantation, which are neither justified by
the medical, dental or hospital treatment of the
person concerned nor carried out in his/her
interest, and which cause death to or seriously
endanger the health of such person or persons;
(12) Killing, wounding or capturing an
adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's property
unless such destruction or seizure is
imperatively demanded by the necessities of
war;
(15) Pillaging a town or place, even when taken
by assault;
(16) Ordering the displacements of the civilian
population for reasons related to the conflict,
unless the security of the civilians involved or
imperative military reasons so demand;
(17) Transferring, directly or indirectly, by the
occupying power of parts of its own civilian
population into the territory it occupies, or the
deportation or transfer of all or parts of the
population of the occupied territory within or
outside this territory;
(18) Committing outrages upon personal
dignity, in particular, humiliating and degrading
treatments;
(19) Committing rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual
violence also constituting a grave breach of the
Geneva Conventions or a serious violation of
common Article 3 to the Geneva Conventions;
(20) Utilizing the presence of a civilian or other
protected person to render certain points, areas
or military forces immune from military
operations;
(21) Intentionally using starvation of civilians
as a method of warfare by depriving them of
objects indispensable to their survival, including
willfully impeding relief supplies as provided
for under the Geneva Conventions and their
Additional Protocols;
(22) In an international armed conflict,
compelling the nationals of the hostile party to
take part in the operations of war directed
against their own country, even if they were in
the belligerent's service before the
commencement of the war;
(23) In an international armed conflict,
declaring abolished, suspended or inadmissible
in a court of law the rights and actions of the
nationals of the hostile party;
(24) Committing any of the following acts:
(i) Conscripting, enlisting or recruiting
children under the age of fifteen (15)
years into the national armed forces;
(ii) Conscripting, enlisting or recruiting
children under the age of eighteen (18)
years into an armed force or group
other than the national armed forces;
and
(iii) Using children under the age of
eighteen (18) years to participate
actively in hostilities; and
(25) Employing means of warfare which are
prohibited under international law, such as:
(i) Poison or poisoned weapons;
(ii) Asphyxiating, poisonous or other
gases, and all analogous liquids,
materials or devices;
(iii) Bullets which expand or flatten
easily in the human body, such as
bullets with hard envelopes which do
not entirely cover the core or are
pierced with incisions; and
(iv) Weapons, projectiles and material
and methods of warfare which are of
the nature to cause superfluous injury
or unnecessary suffering or which are
inherently indiscriminate in violation
of the international law of armed
conflict.
Any person found guilty of committing any of the acts
specified herein shall suffer the penalty provided under
Section 7 of this Act.
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Section 5. Genocide - (a) For the purpose of this Act, "genocide"
means any of the following acts with intent to destroy, in whole or
in part, a national, ethnic, racial, religious, social or any other
similar stable and permanent group as such:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to
members of the group;
(3) Deliberately inflicting on the group
conditions of life calculated to bring about its
physical destruction in whole or in part;
(4) Imposing measures intended to prevent
births within the group; and
(5) Forcibly transferring children of the group to
another group.
(b) It shall be unlawful for any person to directly and
publicly incite others to commit genocide.
Any person found guilty of committing any of the acts specified
in paragraphs (a) and (b) of this section shall suffer the penalty
provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose of
this act, "other crimes against humanity" means any of the
following acts when committed as part of a widespread or
systematic attack directed against any civilian population, with
knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;
(d) Arbitrary deportation or forcible transfer of
population;
(e) Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of international
law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of
sexual violence of comparable gravity;
(h) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic, cultural,
religious, gender, sexual orientation or other grounds that
are universally recognized as impermissible under
international law, in connection with any act referred to
in this paragraph or any crime defined in this Act;
(i) Enforced or involuntary disappearance of persons;
(j) Apartheid; and
(k) Other inhumane acts of a similar character
intentionally causing great suffering, or serious injury to
body or to mental or physical health.
Section 11. Non-prescription. - The crimes defined and penalized
under this Act, their prosecution, and the execution of sentences
imposed on their account, shall not be subject to any prescription.
Section 18. Philippine Court, Prosecutors and Investigators. -
The Regional Trial Court of the Philippines shall have original
and exclusive jurisdiction over the crimes punishable under this
Act. XxX
MIRANDA RIGHTS (R.A. 7438)
Section 2. Rights of Persons Arrested, Detained or Under
Custodial Investigation; Duties of Public Officers.–
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or
investigates any person for the commission of an offense
shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and
to have competent and independent counsel,
preferably of his own choice, who shall at all times be
allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person
cannot afford the services of his own counsel, he must
be provided with a competent and independent
counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and
write, it shall be read and adequately explained to him
by his counsel or by the assisting counsel provided by
the investigating officer in the language or dialect known
to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no
effect whatsoever.
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall
be in writing and signed by such person in the
presence of his counsel or in the latter's absence,
upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under
the provisions of Article 125 of the Revised Penal Code,
or under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial
investigation shall be allowed visits by or conferences
with any member of his immediate family, or any
medical doctor or priest or religious minister chosen
by him or by any member of his immediate family or
by his counsel, or by any national non-governmental
organization duly accredited by the Commission on
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 Human Rights of by any international non-
governmental organization duly accredited by the
Office of the President. The person's "immediate
family" shall include his or her spouse, fiancé or fiancée,
parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian
or ward.
As used in this Act, "custodial investigation" shall include the
practice of issuing an "invitation" to a person who is investigated
in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any
violation of law.
ANTI-CHILD ABUSE LAW (R.A. 7610)
Children refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or
condition.
It include not only those who are below 18 but those above 18
provided that they cannot protect themselves due to their physical
or mental disability.
Child abuse refers to the maltreatment, whether habitual or not,
of the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and emotional maltreatment;
(2) Any act by deeds or words which debases,
degrades or demeans the intrinsic worth and dignity
of a child as a human being;
(3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to
an injured child resulting in serious impairment of
his growth and development or in his permanent
incapacity or death.
> Not all acts committed against a child will result to child abuse.
It is necessary that in the said act, there was this intention to
debase, degrade or demean the intrinsic worth of a child as a
human being.
PROHIBITED ACTS
Section 5. Child Prostitution and Other Sexual Abuse. – Children,
whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and
other sexual abuse. 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) 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 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.
Section 7. 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, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of
age.
Section 9. Obscene Publications and Indecent Shows. – Any
person who shall hire, employ, use, persuade, induce or coerce a
child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials
shall suffer the penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed in its
maximum period.
Any ascendant, guardian, or person entrusted in any capacity with
the care of a child who shall cause and/or allow such child to be
employed or to participate in an obscene play, scene, act, movie
or show or in any other acts covered by this section shall suffer
the penalty of prision mayor in its medium period.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation
and Other Conditions Prejudicial to the Child's Development. –
(a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered by
SPL Prelims Reviewer| M.A.C. | 14
Article 59 of Presidential Decree No. 603, as amended, but not
covered by the Revised Penal Code, as amended, shall suffer the
penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor,
twelve (12) years or under or who in ten (10) years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places shall suffer the
penalty of prision mayor in its maximum period and a fine of not
less than Fifty thousand pesos (P50,000): Provided, That this
provision shall not apply to any person who is related within the
fourth degree of consanguinity or affinity or any bond recognized
by law, local custom and tradition or acts in the performance of a
social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any
one prohibited by this Act to keep or have in his company a minor
as provided in the preceding paragraph shall suffer the penalty of
prision mayor in its medium period and a fine of not less than
Forty thousand pesos (P40,000); Provided, however, That should
the perpetrator be an ascendant, stepparent or guardian of the
minor, the penalty to be imposed shall be prision mayor in its
maximum period, a fine of not less than Fifty thousand pesos
(P50,000), and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with him
to such place or places any minor herein described shall be
imposed a penalty of prision mayor in its medium period and a
fine of not less than Fifty thousand pesos (P50,000), and the loss
of the license to operate such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street
child or any other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or
pushing; or
(3) Conduct any illegal activities, shall suffer the penalty
of prision correccional in its medium period to reclusion
perpetua.
For purposes of this Act, the penalty for the commission of acts
punishable under Articles 248, 249, 262, paragraph 2, and 263,
paragraph 1 of Act No. 3815, as amended, the Revised Penal
Code, for the crimes of murder, homicide, other intentional
mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of
age. The penalty for the commission of acts punishable under
Article 337, 339, 340 and 341 of Act No. 3815, as amended, the
Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption
of minors, and white slave trade, respectively, shall be one (1)
degree higher than that imposed by law when the victim is under
twelve (12) years age.
The victim of the acts committed under this section shall be
entrusted to the care of the Department of Social Welfare and
Development.
Q: Father of a bullied child went to school and hit the bully, is it
considered as child abuse?
A: No. Because the law is made to capture the severity of the act;
Jurisprudence holds that not every form of hitting is child abuse.
Q: Is intention to debase intrinsic worth of a child an element og
child abuse?
A: NO. It is only required in some instances. If the injury caused
is severe, you don’t have to talk about debasing the intrinsic worth
of the child.
Five (5) types/categories of Child Abuse
1. Child Prostitution
2. Child Trafficking
Presumption: There is presumption of Child Trafficking
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 justification from the child's parents or
legal guardian
3. Obscene Publications and Indecent Shows
4. Discrimination of Children in Indigenous
Communities
5. Other acts of neglect
Q: Are the acts punished under Obscene Publications and
Indecent Shows punished under Child Pornography? What is the
difference?
A: NO. It can be live (?) in theaters. Or if “grooming” only and no
subsequent act.
ANTI-CHILD PORNOGRAPHY LAW (R.A. 9775)
Child refers to a person below eighteen (18) years of age or over,
but is unable to fully take care of himself/herself from abuse,
neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted
or portrayed as a child as defined herein; and
(2) computer-generated, digitally or manually crafted
images or graphics of a person who is represented or
who is made to appear to be a child as defined herein.
o It includes not only those within the definition
of the law but those who are presented as a child
regardless of age. The reason is to prevent
perversity surrounding a child to deter (if not to
remove completely) any forms of child
pornography Child pornography refers to any
representation, whether visual, audio, or written
SPL Prelims Reviewer| M.A.C. | 15
 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) 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.
Pandering refers to the act of offering, advertising, promoting,
representing or 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.
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for
any person:
(a) To hire, employ, use, persuade, induce or coerce a child to
perform in the creation or production of any form of child
pornography;
(b) To produce, direct, manufacture or create any form of
child pornography;
(c) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
pornography;
(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;
(e) To knowingly, willfully and intentionally provide a venue
for the commission of prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;
(f) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other entities, to
distribute any form of child pornography;
(g) For a parent, legal guardian or person having custody or
control of a child to knowingly permit the child to engage,
participate or assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child pornography;
(j) To willfully access any form of child pornography;
(k) To conspire to commit any of the prohibited acts stated in
this section. Conspiracy to commit any form of child
pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the
said prohibited acts and decide to commit it; and
(l) To possess any form of child pornography.
Section 5. 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 and shall be punished under Section 15(a) of this
Act.
Section 6. 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;
(j) Any person who has personal knowledge of the
circumstances of the commission of any offense under
this Act.
T/F: Definition of “child” in Child Abuse Law is the same as in
Child Porn Law?
A: False. In CPL, computer-generated child is included.
Q: If computer-generated, no child is involved, so why punish?
A: It is the evil mind that is punished.
SPL Prelims Reviewer| M.A.C. | 16
ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN
(R.A. 9262)
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 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.
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.
"Battery" refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and psychological or
emotional distress.
"Battered Woman Syndrome" refers to a scientifically defined
pattern of psychological and behavioral symptoms found in
women living in battering relationships as a result of cumulative
abuse.
It must occur twice. Stages to be considered as a battered women
syndrome:
 Tension Building Phase – minor battering either verbal or slight
abuse, whereby the woman tries to pacify by showing a nurturing
character or staying out of the way which only legitimizes the
batterer’s belief to abuse
 Acute Battering Phase – destructive phase, the woman becomes
passive because she knows that it is futile to reason due to painful
experience. Hence she loses control.
 Tranquil Phase – a profound relief whereby batterer is made
aware of his cruel and aggressive acts hence seeking apology and
promises to change. In turn the woman believes the batterer on the
notion that she is the anchor of the man.
"Dating relationship" refers to a situation wherein the parties
live 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.
"Sexual relations" refers to a single sexual act which may or
may not result in the bearing of a common child.
"Children" refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
SECTION 5. Acts of Violence Against Women and Their
Children.- The crime of violence against women and their
children is committed through any of the 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 woman or her child has the right to engage in,
SPL Prelims Reviewer| M.A.C. | 17
 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;
(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.
SECTION 8. 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. The relief granted
under a protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the
victim's daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life. The
provisions of the protection order shall be enforced by law
enforcement agencies. The protection orders that may be issued
under this Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection order
(PPO).
SECTION 9. Who may file Petition for Protection Orders. – A
petition for protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of
local government units (LGUs);
(e) police officers, preferably those in charge of women and
children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the
petitioner;
(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
SECTION 14. Barangay Protection Orders (BPOs); Who May
Issue and How. - 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 the application. If the Punong Barangay is unavailable to
act on the application for a BPO, the application shall be acted
upon by any available Barangay Kagawad. If the BPO is issued
by a Barangay Kagawad the order must be accompanied by an
attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO.
BPOs shall be effective for fifteen (15) days. 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.
SECTION 15. Temporary Protection Orders. – 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. A court may
grant in a TPO any, some or all of the reliefs mentioned in this
Act and shall be effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior to or on the
date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the
court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of
the hearing on the merits of the issuance of a PPO.
SPL Prelims Reviewer| M.A.C. | 18
SECTION 16. Permanent Protection Orders. – Permanent
Protection Order (PPO) refers to protection order issued by the
court after notice and hearing.
Respondent’s non-appearance despite proper notice, or his lack of
a lawyer, or the non-availability of his lawyer shall not be a
ground for rescheduling or postponing the hearing on the merits
of the issuance of a PPO. If the respondents appear without
counsel on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and immediately proceed with
the hearing. In case the respondent fails to appear despite proper
notice, the court shall allow ex parte presentation of the evidence
by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of
abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is
made.
The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day. Where the court is
unable to conduct the hearing within one (1) day and the TPO
issued is due to expire, the court shall continuously extend or
renew the TPO for a period of thirty (30) days at each particular
time until final judgment is issued. The extended or renewed TPO
may be modified by the court as may be necessary or applicable
to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in
Section 8 hereof in a PPO. A PPO shall be effective until
revoked by a court upon application of the person in whose
favor the order was issued. The court shall ensure immediate
personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the
basis of the lapse of time between the act of violence and the
filing of the application.
Regardless of the conviction or acquittal of the respondent, the
Court must determine whether or not the PPO shall become final.
Even in a dismissal, a PPO shall be granted as long as there is no
clear showing that the act from which the order might arise did
not exist.
Q: All violence against women are covered by RA 9262?
A: No. Woman must be wife, former wife, in a sexual or dating
relationship, or who the offender has a common child.
T/F: A woman may be liable under 9262 when she is in
conspiracy with a man?
A: False. Even a woman can commit the prohibited acts in 9262
as long as the victim is in/prior a sexual or dating relationship
with the offender.
Q: Does threat of physical abuse fall under psychological abuse?
A: Yes.
Q: Does one-time hitting of a woman fall under physical abuse?
A: Yes.
Q: Hayden Kho case; under RA 9262, what ground?
A: Economic Abuse. Coz she lost projects and endorsements.
(Dismissed tho.)
Q: When can a woman invoke B.W.S.? How do you prove?
A: At least 2 cycles of battery. Through testimonies, witnesses,
etc.
MENTAL HEALTH ACT (R.A. 11036)
Sec. 44. Penalty Clause. Any person who commits any of the
following acts shall, upon conviction by final judgment, be
punished by imprisonment of not less than six (6) months, but not
more than two (2) years, or a fine of not less than Ten thousand
pesos (P10,000.00), but not more than Two hundred thousand
pesos (P200,000.00), or both, at the discretion of the court:
(a) Failure to secure informed consent of the service user,
unless it falls under Section 13 of this Act;
(b) Violation of the confidentiality of information, as
defined under Section 4(c) of this Act;
(c) Discrimination against a person with a mental health
condition, as defined under Section 4(e) of this Act; and
(d) Administering inhumane, cruel, degrading or
harmful treatment not based on medical or scientific
evidence as indicated in Section 5(h) of this Act.
If the violation is committed by a juridical person, the penalty
provided for in this Act shall be imposed upon the directors,
officers, employees or other officials or persons therein
responsible for the offense.
If the violation is committed by an alien, the alien offender shall
be immediately deported after service of sentence without need of
further proceedings.
These penalties shall be without prejudice to the administrative or
civil liability of the offender, or the facility where such violation
occurred.
ANTI-PHOTO AND VIDEO VOYEURISM ACT (R.A. 9995)
Photo or video voyeurism means 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 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
SPL Prelims Reviewer| M.A.C. | 19
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 persons.
Private area of a person means the naked or undergarment clad
genitals, public area, buttocks or female breast of an individual.
A: No. Not included in the prohibited acts because what is
prohibited is taking photo or video of genitals, pubic area,
buttocks or female breasts.
Q: What if it is a woman. Will C be liable?
A: Yes. Photographing female breasts is included in the
prohibited acts.

Under circumstances in which a person has a reasonable
expectation of privacy means believe that he/she could disrobe in
privacy, without being concerned that an image or a private area
of the person was being captured; or 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.
Section 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person:
(a) 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;
Q: A and B agreed that C will take a video of their sexual act. The
video was subsequently distributed by C. Will he be liable?
A: If C has consent to distribute, he is not liable under RA 9995
but may be held liable under Indecent Shows (RPC).
Q: When will consent matter and when will it not?
A: If the person or persons in the photo or video gave written
consent for the reproduction, distribution, or broadcasting of said
material, then one will not be held liable under the Anti-Photo and
Video Voyeurism Act. However, if the person merely consented
to the taking of the photo or the video recording and did not give
written consent for its reproduction, distribution, and
broadcasting, then anyone committing the prohibited acts shall be
held liable under R.A. 9995.

(b) 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;

(c) To sell or distribute, or cause to be sold or distributed, such

photo or video or recording of sexual act, whether it be the
original copy or reproduction thereof; or

(d) 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.

The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to record or take photo or video
coverage of the same was given by such person/s. Any person
who violates this provision shall be liable for photo or video
voyeurism as defined herein.

Q: A and B are engaged in a sexual intercourse, C videotaped it

without the consent of A and B. Is he liable for violation of RA
9995?

A: Yes.

Q: In the same situation, what if C obtained the consent of A but

not of B. Will he still be liable?

A: Yes if in conspiracy with C. No, subject to proof that A was

led to believe that C already gave consent.

Q: Juan Dela Cruz went to a sauna, wearing only a towel on the

waist. While in the sauna, C took a video of him. Will C be liable?
SPL Prelims Reviewer| M.A.C. | 20