Survey of Special Penal Laws

SURVEY OF
SPECIAL PENAL
LAWS
FISCAL JACINTO M. DELA CRUZ JR.
Office of the Special Prosecutor (Ombudsman)
Trial Prosecutor, Sandiganbayan
1 jacintomdelacruzjr.
LEGAL MAXIMS IN CRIMINAL LAW
“The wisdom of the wise,

?
and the experience of ages,
may be preserved by
quotations.”
-Isaac D’Israeli
LEGAL MAXIMS IN CRIMINAL LAW
* In the study of criminal law, it is important to

take into consideration? certain legal maxims
particularly those in connection with criminal
law. These are principles of law in capsule
form.
* These legal maxims provide an insight into

the rationale and principles which form the
very foundation of our criminal justice system.
1. NULLUM CRIMEN NULLA POENA SINE LEGE
* This maxim is simply translated as “There is no crime

when there is no law punishing
? it”.
* One can never prosecute a crime if there is no law

punishing it.
* There must be a statutory framework in place

declaring it a criminal act and at the same time
provides for the appropriate punishment for its
commission.
2. ACTUA NON FACIT REUM, NISI MENS SIT REA
* This refers to the criminal intent -- an act

cannot be criminal where
? the mind is not
criminal.
* A crime is not committed if the mind of the

person performing the act complained of be
innocent.
* It should be noted that this only applies to

cases involving dolo and not culpa.
3.ACTUS NON FACIT REUM NON EST MENS
ACTUS
Loosely
?
translated as – an
act done against
my will is not my
6 act.
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4. FRAUS EST IDIOSA ET NON FRAESIMENDA
Fraud is never presumed. Fraud

under the laws of? this land must be
actual and not constructive – it must
be intentional, consisting of
deception willfully and deliberately
done or resorted to in order to
induce another to give up some
right.
5. PRO REO
The maxim or the doctrine of pro reo simply refers

to the construction or application of penal laws, that in
?
the event the law admits of two interpretations –one
lenient and the other harsh as far as the offender is
concerned, that interpretation which is lenient or
favorable to the offender will be considered.
This is in line with the fundamental rule that all

doubts, only in criminal cases, shall be resolved in
favor of the accused in harmony with the
constitutional exhortation that an accused is
presumed innocent until proven guilty.
6. NON ALLEGATA NON PROBATA
Simply translated as “that which is not

alleged cannot be ?proved” which is an
exclusionary rule in the Law of Evidence
which provides that a party who fails to
allege a fact in his pleadings may not
also be allowed to prove it – if the party
objecting thereto is not given a chance
to prove to the contrary of what was not
alleged but proved by another.
7.DAT VENIAM CORVIS, VEXAT, CENSURA
COLIMBAS
Loosely translated as “the verdict

acquits the raven? but condemns the
dove”. This is a situation where any
justice system would like to avoid –
that of condemning innocent people
to imprisonment while allowing the
guilty parties to go scott-free.
8. NUNQUAM SCELUS SCELERE VINCENDUM EST
“It is unlawful to overcome a crime by

a crime”. This maxim? emphasizes the
tenet that a wrong cannot and will never
correct another wrong.
Thus, underhanded and illegal acts

which are done in order to rectify
another illegal act cannot correct the
original problem.
9.INJURIA NON EXCUSAT INJURIAM
This maxim is similar to the foregoing maxim.

Translated as “one wrong does not excuse another” -
?
this is the anti-thesis to the now familiar “an eye for an
eye, a tooth for a tooth” law of Rome.
Simply stated, this maxim cautions citizens from

taking the law into their own hands but must utilize
established mechanisms or procedures for redress of
the wrong or injury either through judicial or
administrative means.
10.PLUS PECCAT AUTHOR QUAM ACTOR
Loosely read“the
as
instigator of ? a crime is a
worse offender than the
actual perpetrator of it”. This
maxim refers to masterminds
in the perpetration of a
crime.
11. LEX PROSPICIT NON RESPICIT
This maxim - “the law looks forward, not

backward”. - refers to the prospectivity of laws. That,
generally laws are
?
prospective or are intended for
future application.
Thus, it is generally established that a law takes

effect from the time of its effectivity and not before.
This is clearly reflected under Article 4 of the Civil
Code when it provides that “laws shall have no
retroactive effect, unless the contrary is provided”.
12. IGNORANTIA LEGIS NEMINEM EXCUSAT
Common is the maxim that ignorance

of the law excuses? no one. Thus, it is a
duty imposed upon all to have
knowledge of the law. No use of the
simple pretext of ignorance of the law
would be countenanced but mutual
errors as to the effect of an agreement
when the real purpose of the parties is
frustrated may vitiate consent.
SPECIAL PENAL LAWS
*Special Penal Laws are laws enacted by the

Legislature which deal with a specific criminal act or
?
activity and provides for its own definition, elements
of the criminal act or omission and their
corresponding penalties.
* As a rule of thumb in statutory construction,

special laws prevail over general laws. Special
provisions relating to specific subjects control general
provisions relating to general subjects.
SPECIAL PENAL LAWS
* Note that there are a number of special

laws complementing ? or supplementing the
RPC.
* Some special laws have either repealed or

modified certain provisions of the RPC notably
the Death Penalty Law (that was eventually
repealed) which amended the penalties
prescribed for certain crimes under the RPC.
SPECIAL PENAL LAWS
* The reason for this situation is that

the RPC was enacted
? way back in
the 1930’s and as such,
developments in commerce and
science has necessitated Congress
to enact amendatory laws or special
laws that are more responsive to the
needs of modern times.
SURVEY OF SPECIAL PENAL LAWS
1) Rights of the Accused under custodial investigation (RA 7438);
?
2) Anti-Sexual Harassment Law ( RA 7877);
3) The Death Penalty Law (RA 7659);
4) The Comprehensive Dangerous Drugs Act of 2002 (RA 9165);
5) The Anti-Money Laundering Act, as amended (RA 9160, RA 9194);
6) The Anti-Carnapping Law (RA 6539);
7) The Anti-Hijacking Law (RA 6235);
8) Chain Saw Act of 2002 (RA 9175);
9) Tobacco Regulation Act of 2003 (RA 9211)
10) Anti-Violence Against Women and Children Act of 2004 (RA 9262);
11) Illegal Numbers Game (RA 9287);
12) The Juvenile System Act (RA 9344);
13) The Public Assembly Act of 1985 (BP 880).
1. PUBLIC ASSEMBLY ACT (BP 880)
* Also known as the Public Assembly Act of 1985
?
* It was passed unanimously during the time when it
was discouraged under martial rule to publicly
express their grievances against the govt.
* Under BP 880, it is not part of state policy that all

peaceful assemblies of people for the redress of their
grievances were legal and could not, therefore, be
stopped or disbanded.
* Under this law:

* A permit is not ? indispensable for a
peaceful activity to take place.
* A permit is not necessary to make the

activity legal.
* A permit is necessary only to provide

order to the activity and security to the
21
participants
jacintomdelacruzjr.
of that activity.
* In fact, if the authority issuing the permit does not

act on the application for a permit after 2 working
?
days, the application is deemed approved.
* If the permit were deemed to be an indispensable

part of the right of the people to peaceably assemble,
then the applicant can file an application for permit
and if the mayor sits on the permit for so long, the
right can be nugatory. And it is for that reason that
such permit is not necessary.
* In Primicias vs. Fugoso, 27 January 1948, the SC goes even

one step further in safeguarding liberty by giving local govt. units
? to designate specific freedom
a deadline of 30 days within which
parks as provided under BP 880.
* If, after that period, no such parks are so identified in

accordance with Sec.15 of the law, all public parks and plazas of
the municipality or city concerned shall in effect be deemed
freedom parks; no prior permit of whatever kinmd shall be
required to hold an assembly therein.
* The only requirement will be written notices to the police

and the mayor’s office to allow proper coordination and orderly
23
activities.
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2. JUVENILE JUSTICE SYSTEM ACT
(RA 9344)
* The JJSA was signed into law by PGMA on

April 28, 2006. ?
* RA 9344 provides the creation of the JJ

Welfare Council under the administrative
supervision of the DOJ, but headed by an
undersecretary of the DSWD, whose function
also includes identifying diversion programs
appropriate for a child in conflict with the law.
2. JUVENILE JUSTICE SYSTEM ACT (RA 9344)
* Instead of detention, CICL will undergo diversion programs like

counseling, capacity building, training and doing socio-0civic
?
work to be handled by the DSWD.
* The law also exempts children aged 14 and below from criminal
liability and if they have civil liability they will only be fined or
asked to pay damages. But they will undergo counseling.
*Upon arrest, CICL aged 15 to 18 will no longer be detained but

will be turned over to the DSWD for custody and undergo
diversion programs.
2. JUVENILE JUSTICE SYSTEM ACT (RA 9344)
* CICL who are detained in city and municipal jails and

? be released and turned
other penal institutions will
over to the DSWD for proper disposition.
* Young heinous-crime offenders as well as those who

commit the offense twice can undergo a long period
under the diversion program in rehabilitation centers
like the National Training School for Boys in Tanay,
Rizal, where they must visit every weekend for 6
months to 1 year.
3. ANTI-ILLEGAL NUMBERS GAME (RA 9287)
* RA 9287 condemns illegal gambling activities such

as illegal numbers game
? like jueteng, last 2 and
masiao.
* Under this amendatory law, illegal numbers games

have become a significant factor in an individual’s
disregard for the value of dignified work and
perseverance inasmuch as he will tend to equate
success with instant monetary gains thereby making
this illegal activity a widespread social menace and
undisputedly the cause and source of corruption at all
levels of government.
This law provides for certain definitions for:
1) Illegal number games; ?

2) Jueteng;
3) Masiao;
4) Last Two ;
5) Bettor;
6) Personnel or Staff of Illegal Numbers Game Operation;
7) Collector or Agent;
8) Coordinator, Controller or Supervisor;
9) Maintainer, Manager or Operator;
10) Financiers or Capitalist;
11) Protector or Coddler.
PENALTIES:
1) Bettor – 30 to 90 days imprisonment;
?
2) Personnel or staff of an illegal numbers game
operation – 6 to 8 years imprisonment;
3) Collector or agent – 8 to 10 years imprisonment;
4) Coordinator/Controller/Supervisor – 10 to 12 years;
5) Maintainer/Manager/Operator – 12 to 14 years;
6) Financier or capitalist – 14 to 16 years
imprisonment;
7) Protector or coddler – 16 to 20 years.
OTHER PENALTIES:
?
* Govt. Official or Employee, 12 to 20 years
imprisonment and a fine ranging from P3M to P5M and
perpetual disqualification from public office.
* Parents or Guardians, who exercise moral authority

over a minor and who involve said minor and who
involve said minor in illegal numbers games, 6 months
to 1 year or a fine ranging from P100K to P400K.
* Confiscation of proceeds,
gambling paraphernalia;
?
* Informer’s Reward
* Witness Protection
4. ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (RA 9262)
Definition:
VAWC refers to any? act or series of acts by
a person against a wife, or with whom one has
or had a sexual or dating relationship, or has a
common child, or against her child, legitimate
or illegitimate, within or outside the family
abode, which result or likely to result in
physical, sexual, psychological harm or
suffering, or threats of such acts.
Kinds of Violence:
?
1) Physical
2) Sexual
3) Economic
1) SEXUAL VIOLENCE
= includes ?rape, harassment,
lasciviousness, demeaning and sexually
suggestive remarks, physical attack on
parts of the victim’s body, forcible
exposure of the woman or her child to
obscene publications and shows, and
forcing the victim to engage in sexual
activity.
2) PSYCHOLOGICAL VIOLENCE
= includes mental or emotional abuse like stalking,

? public humiliation, repeated
intimidation, damage to property,
verbal abuse and marital infidelity, and deprivation of right to
custody and/or visitation of common children, among others.
3) ECONOMIC ABUSE
= includes the withdrawal of financial support, preventing the
victim from engaging in a legitimate profession, work or
business, except on valid grounds; depriving enjoyment of
conjugal community or property; destroying household property
and controlling the victim’s own money or property or solely
controlling the conjugal money or property.
*Jurisdiction
=RTC’s designated as Family Courts.
* Provisional Reliefs
=BPO, TRO, PPO
?
*TPO/PPOs
= enforceable anywhere in the Phils.
= Viol of TPO/PPO, fine from P5K to P50K,
= 6 mos.imprisonment
4. ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004 (RA 9262)
* LIABILITY
= victims found? to be suffering
from battered woman syndrome
shall not incur criminal and civil
liability if they could justify self-
defense under RPC.
5. RIGHTS OF THE ACCUSED UNDER CUSTODIAL
INVESTIGATION (RA 7438)
* Repealed RA 857 which provided that any

public officer or employee who shall obstruct,
?
prohibit, or otherwise prevent an attorney
entitled to practice in the courts of the
Philippines from visiting and conferring
privately with a person arrested, at any hour
of the day or, in urgent cases, of the night,
said visit and conference being requested by
the person arrested or by another acting in his
behalf, shall be punished by arresto mayor.
* CUSTODIAL INVESTIGATION
= shall include the
? practice of issuing
“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.
* SOME OF THE RIGHTS UNDER

CUSTODIAL INVESTIGATION
?
1) Shall at all times be assisted by
counsel
2) Right to be informed of his right to
remain silent
3) Right against torture or violence
5. RIGHTS OF THE ACCUSED UNDER
CUSTODIAL INVESTIGATION (RA 7438)
* PENALTY
=any arresting public officer or employee or any investigating

officer –Fine of P6K or imprisonment from 8 years to 10 years, or
BOTH, perpetual absolute disqualification
=Officer or employee or ?anyone acting upon orders of

investigating officers- same as above
=any person, imprisonment of 4 years to 6 years, fine of P4K
6. DEATH PENALTY LAW
* recently repealed
* It then provided for the death ?

penalty for certain heinous crimes
* “Heinous” those that are grevious, odious and hateful offenses,

and which by reason of their inherent or manifest wickedness,
viciousness, atrocity or perversity are repugnant and outrageous
to the common standards and norms of decency and morality in
a just, civilized and ordered society.
*imposable on treason, piracy, qualified piracy, qualified bribery,

parricide, murder, infanticide, kidnapping ad serious illegal detention,
robbery with violence or intimidation of persons, destructive arson,
rape, plunder, drug-related offense; and carnapping
6. DEATH PENALTY LAW
* In Peo. Vs. Camano, 115 SCRA 688 and Peo

?
vs. Leo Echegaray, 267 SCRA 1997, the SC
ruled that the death penalty is not cruel and
unusual extinguishment because to be cruel it
must involve more than the extinguishment of
life and must involve torture or lingering death
* RA 9346 repealed RA 7659, signed by PGMA
7. THE ANTI-MONEY LAUNDERING ACT (RA
9160, RA 9194)
* “Money Laundering” -is the process by which a person conceals

the existence of unlawfully obtained money and makes it appear
?
to have originated from lawful sources
*STAGES OF MONEY LAUNDERING
1) Placement or infusion
2) Layering
3) Integration
9160, RA 9194)
1) PLACEMENT OR INFUSION
= refers to the physical and actual delivery of cash proceeds that

?
originated from an illegal activity such as the smuggling of bulk
currency, combining illicitly-sourced money with legitimate deposits,
cash deposits in small denominations or cash deposits with several
banks.
2) LAYERING
= the process of separating illicit proceeds from their source by
creating layers of transactions with the end in view of disguising the
source.
3) INTEGRATION
= process whereby layered accounts are re-introduced into the
45 economy under legitimate means.
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9160, RA 9194)
* “COVERED TRANSACTION”
= is a transaction in cash or other equivalent monetary

? of P500K within one banking
instrument involving a total amount
day.
* THRESHOLD AMOUNT
= P4 M under RA 9160 but was later amended by RA 9194 to
P500K
* JURISDICTION
=RTC
=if committed by public officers and private persons in
conspiracy, Sandiganbayan
9160, RA 9194)
“SUSPICIOUS TRANSACTION”
=transactions with covered institutions, regardless of the
amounts involved where any of the following circumstances
exists:
1) There is no underlying legal or trade obligation, purpose or
economic justification;
?
2) The client is not properly identified;
3) The amount involved is not commensurate with the
business or financial capacity of the client;
4) the client’s transaction is structured in order to avoid
being the subject of reporting requirements under the law
9160, RA 9194)
“SUSPICIOUS TRANSACTION”
5) Any circumstances which is observed to deviate from the
profile of the client or with the client’s past transactions with the
covered institution;
6) The transaction is in any?way related to an unlawful activity

or offense under the law; and
7) Any other transaction that is similar or analogous to any of

those mentioned above.
8. CHAIN SAW ACT OF 2002 (RA 9175)
Policy:
= In an attempt to stem the? problem of illegal logging which

results in the denudation of Philippine forests, Congress enacted
the Chain Saw Act of 2002 providing for the regulation of the
ownership, possession, sale, importation, and use of chain saws
along with the provision for penalties for violation thereof.
“CHAIN SAW”
=is any portable power saw or similar cutting implement,
rendered operative by an electric or internal combustion engine
or similar means, that may be used for, but is not limited to, the
felling of trees or the cutting of timber.
* Chain saws are allowed only to be sold

or imported by manufacturers,
? dealers
or private owners who are authorized by
the DENR.
* Issuance of PERMITS TO POSSESS OR

USE shall only be given to applicants
who possessed the required
qualifications.
* WHO ARE QUALIFIED TO POSSESS:

? of the ff:
He either possess any
1) Has a subsisting timber license agreement production

sharing agreement or similar agreement, or a private land timber
permit;
2) An orchard and fruit tree farmer;
3) An industrial tree farmer;
4) A licensed wood processor;
5) The use of said chain saw shall be for a legal purpose
* Penalty for UNAUTHORIZED OWNERSHIP OR SALE

= imprisonment of 4 years, ?
2 months and 1 day to 6 years; or
= fine, P15 K to P30 K
=both
* Penalty for ILLEGAL MANUFACTURE OR

IMPORTATION
= imprisonment of 1 month to 6 months
= fine, P1K to P4K
* Penalty for DEFACING OR TAMPERING
=1 month to 6 months imprisonment

= P1K to 4K fine
?
* Penalty for ILLEGAL USE
= 6 years and 1 day to 8 years imprisonment
=P30K to P50K fine
=both
* Penalty for PUBLIC OFFICIALS OR EMPLOYEES

=in addition to the above penalties, said public official or
employee shall be removed from office and perpetually
53
disqualified from holding any public office.
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9. THE TOBACCO REGULATION ACT OF 2003
(RA 9211)
* RA 9211 institutes a balanced policy

whereby the use, sale and
?
advertisements of tobacco products
shall be regulated in order to promote a
healthful environment and protect
citizens from the hazards of tobacco
smoke, and at the same time ensure that
the interests of tobacco farmers,
growers, workers and stakeholders are
54
not adversely compromised.
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(RA 9211)
PROHIBITED PLACES:
Smoking is not allowed in the following areas:

1) Centers of youth activity
?
such as playschools, preparatory schools,
elementary schools, high schools, colleges and universities, youth hostels and
recreational facilities for persons under 18 years old;
2) elevators and stairwells;
3) locations in which fire hazards are present, including gas stations and
storage areas for flammable liquids, gas, explosives or combustible areas;
4) Within buildings and premi8ses of public and private hospitals, medical,
dental and optical clinics, health centers, nursing homes, dispensaries and
laboratories;
5) Public conveyances and public facilities including airport and ship
terminals and train and bus stations, restaurants and conference halls, except for
separate smoking areas; and
6) Food preparation areas.
(RA 9211)
ADVERTISING RESTRICTIONS:
* The law provides heavy restrictions as far as tobacco

advertising is concerned. ?
* Requirement that all tobacco packages are to reflect health

warnings, the law also mandates that advertisements shall not be
aimed at persons below 18 years old nor shall said
advertisements feature a celebrity or cartoon character.
* Finally, beginning January 1, 2007, all tobacco advertising

shown on TV, cable TV and radio shall be prohibited. By July 1,
2008, such prohibition shall cover all forms of mass media,
including print media and the internet.
MAJOR ANTI-GRAFT
AND CORRUPTION
LAWS
57 atty.jmdelacruzjr.
MAJOR GRAFT LAWS
I. R.A. No. 3019 (Anti-Graft & Corrupt Practices

Act)
II. R.A., No. 6713 (Code of Conduct & Ethical
Standards)
III. R.A. No. 7080 (Plunder Law)
IV. R.A. No. 1379 (Forfeiture of Ill-gotten wealth)
V. P.D. No. 749 (Protection of Graft
Complainants)
VI. P.D. No. 46
PLUNDER LAW
PLUNDER:
=the crime of a public officer of amassing wealth for at least P50 million by
means of a combination of act or series of overt acts each of which may
constitute different offenses.
=the acts must show a pattern of accumulation.
=the series of acts is in the nature of continued crime deemed as only one.
Nature of the Crime of Plunder:

= malum in se
= Sec. 2 authorized the application of mitigating and extenuating
circumstances.
=By legislative declaration in RA 7659 that plunder is a heinous offense
implies that it is a malum in se.
PLUNDER LAW
DEFINITION OF TERMS:
1. “COMBINATION” = refers to at least 2 enumerations

provided in Section 1 (d).
2. “SERIES” = there must be 2 or more overt or criminal acts

falling under the same category or enumeration found
in Section 1 (d) .
3. “PATTERN” = consists of at least a combination or series

of overt or criminal acts enumerated in subsections 1 to
6 of Section 1 (d)
PLUNDER LAW
Section 1 (d) RA 7080:
1. Through misappropriation, conversion, misuse, or malversation of public funds or raids
on public treasury;
2. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks
or equity in connection with any government contract or project or by reason of the office or
position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to the
National Government or any of its subdivisions, agencies or instrumentalities or GOCC’s and
their subsidiaries;
4. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or
any other form of interest or participation including the promise of future employment in any
business enterprise or undertaking;
5. By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit particular
persons or special interests; or
6. By taking undue advantage of official position, authority, relationship, connection or

influence to unjustly enrich himself or themselves at the expense and to the damage and
atty.jmdelacruzjr.
61 prejudice of the Filipino people and the Republic of the Phils.
PRES. DECREE NO. 46
Nov. 10, 1972
Title:
A Decree Making it Punishable for
Public Officials and Employees to
RECEIVE, AND FOR PRIVATE
PERSONS TO GIVE GIFTS ON ANY
OCCASION, INCLUDING
CHRISTMAS
PRES. DECREE NO. 46
“xxx, do hereby make it punishable for any public official and employee,
whether of the national or local government, to receive, directly or indirectly,
and for private persons to give, or offer to give, any gift, present or other
valuable thing is given by reason of his official position, regardless of whether
or not the same is for past favor or favors or the giver hopes or expects to
receive a favor or better treatment in the future from the public official and
employee concerned in the discharge of his official functions. Included within
the prohibition is the throwing of parties or entertainments in honor of the
official and employee or his immediate relatives.
For violation of this decree, the penalty of imprisonment, for not less than
one (1) year nor more than five (5) years and perpetual disqualification from
public office shall be imposed. The official and employee concerned shall
likewise be subject to administrative disciplinary action and, if found guilty,
shall be meted out the penalty of suspension or removal, depending on the
seriousness of the offense.
R. A. No. 6713
February 20, 1989
*Duties of Public Officials and Employees (sec.5):
1. Act promptly on letters and requests;

2. Submit annual performance reports;
3. Process documents and papers expeditiously;
4. Act immediately on the public’s personal
transactions;
5. Make documents accessible to the public.
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64
R.A. No. 6713
**Prohibited Acts & Transactions
(Sec.7)
a) Financial and material interest
b) Outside employment and other related
activities
c) Disclosure and/or misuse of confidential
information
d) Solicitation or acceptance of gifts
R.A. No. 6713
**Prohibited Acts & Transactions
(Sec.7)
a) Financial and material interest
b) Outside employment and other related
activities
c) Disclosure and/or misuse of confidential
information
d) Solicitation or acceptance of gifts
R.A. No. 6713
B. OUTSIDE EMPLOYMENT & OTHER ACTIVITIES
(1) Own, control, manage or accept employment as
officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated,
supervised or license by their office unless expressly allowed
by law;
(2) Engage in the private practice of their profession
unless authorized by the Constitution or law, provided,
that such practice will not conflict or tend to conflict with
their official functions; or
(3) Recommend any person to any position in a private
enterprise which has a regular or pending official
transaction with their office.
R.A. No. 6713
C. DISCLOSURE AND/OR MISUSE OF
CONFIDENTIAL INFORMATION
=shall not use or divulge, confidential or
classified information officially known to them by
reason of their office and not made available to
the public, either:
(a) To further their private interests, or give undue

advantage to anyone; or
(b) To prejudice the public interests.
R.A. No. 6713
C. DISCLOSURE AND/OR MISUSE OF
CONFIDENTIAL INFORMATION
=shall not use or divulge, confidential or
classified information officially known to them by
reason of their office and not made available to
the public, either:
(a) To further their private interests, or give undue

advantage to anyone; or
(b) To prejudice the public interests.
R.A. No. 6713
D. SOLICITATON OR ACCEPTANCE OF GIFTS:
=Public officials and employees shall not solicit or accept, directly or indirectly, any
gift, gratuity, favor, entertainment, loan or anything of monetary value from any
person in the course of their official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the functions of their office.
As to gift or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal
value tendered and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a

scholarship or fellowship grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses for
travel taking place entirely outside the Philippines (e.g. allowances, transportation, food
and lodging) of more than nominal value if such acceptance is appropriate or consistent
with the interests of the Philippines, and permitted by the head of office, branch or
agency to which he belongs.
R.A. No. 6713
3 Instances when filing of SALN is required:
1. Within 30 days after assumption of office;
2. On or before April 30 of every year thereafter;
3. Within 30 days after separation from the

service.
R.A. No. 6713
DATA THAT MUST BE STATED IN THE SALN
1. Real Property, its improvements, acquisition

costs, assessed value and current fair market
value;
2. Personal Property and acquisition cost;
3. All other assets such as investments, cash on
hand or in banks, stocks, bonds and the like;
4. Liabilities; and
5. All business interests and financial connections.
R.A. No. 3019
August 17, 1960
NATURE AND PURPOSE OF THE LAW:

=was enacted under the police power of the State to promote morality in
the public service, to deter public officials and employees from committing acts
of dishonesty and improve morality in the public service.
“OFFENSE COMMITTED IN RELATION TO THE OFFICE” –

=means that the relation between the crime and the office contemplated by
the law has to be such that in legal sense the offense cannot exist without the
office.
= The office must be a constituent element of the offense.
“OFFICE”
=indicate that it applies to any office which the officer charged may be
holding, and not only the particular office under which he stands accused
(Segovia vs. Sandiganbayan, 288 SCRA 328; Bayot vs. Sandiganbayan, 128
73 SCRAatty.jmdelacruzjr.
383)
R.A. No. 3019
Definitions
“PUBLIC OFFICER”
-includes elective and appointive
officials and employees, permanent to
temporary, whether in the classified or
unclassified service receiving
compensation, even nominal, from the
government.
atty.jmdelacruzjr.
74
R.A. No. 3019
ACTS PUNISHABLE
Section 3(a)
There are 2 ways of violating Sec.3(a)
1. A PUBLIC OFFICER PERSUADING, INDUCING OR INFLUENCING
ANOTHER PUBLIC OFFICER TO PERFORM:
a. An act constituting a violation of rules and regulations duly
promulgated by competent authority; or
b. An offense in connection with the official duties of the latter.
2. A PUBLIC OFFICER ALLOWING HIMSELF TO BE PERSUADED,

INDUCED OR INFLUENCED TO COMMIT SUCH VIOLATION OR
OFFENSE.
** Under both ways the CORRUPTOR and the CORRUPTED public

officer shall be liable for the violation of Section 3 ((a).
R.A. No. 3019
SECTION 3 (B)
ACTS PUNISHED:
1) DEMANDING OR REQUESTING;
2) RECEIVING; or
3) DEMANDING, REQUESTING AND RECEIVING
any gift, present, share, percentage, or benefit for oneself or for any other person, in
connection with any contract or transaction between the government and any other
party, wherein a public officer in an official capacity has to intervene under the law.
ELEMENTS OF SEC. 3 (b)
1. The offender is a public officer;

2. He requested and/or received a gift, present or consideration was for the benefit of
the said public officer;
3. The gift, present or consideration was requested and/or received in connection with
a contract or transaction with the government; and
4. The officer has the right to intervene in such contract or transaction in his official
76 capacity (Mejia vs. Pamaran, 160 SCRA 457)
atty.jmdelacruzjr.
R.A. No. 3019
Section 3 (c)
= Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public
officer, in any manner or capacity, has secured or obtained,
or will secure or obtain, any Government permit or license,
in consideration for the help given or to be given, without
prejudice to Section 13 of this Act.
R.A. No. 3019
Section 3 (d):
= Accepting or having any member of

his family accept employment in a
private enterprise which has pending
official business with him during the
pendency thereof or within one year
after its termination.
R.A. No. 3019
SECTION 3 (E):
2 WAYS OF VIOLATING SECTION 3 (E)
1. By causing any undue injury to any

party, including the government; and
2. By giving any party any

unwarranted benefit, advantage or
preference.
R.A. No. 3019
SECTION 3 (F)
To warrant conviction for violation of Section 3
(f), the law requires that the accused’s dereliction
must be without justification AND must be for the
purpose of:
a) obtaining, directly or indirectly, from any person

interested in the matter some pecuniary or material
benefit or advantage in favor of an interested party, or
b) discriminating against another interested party.
R.A. No. 3019
SECTION 3 (G)
ELEMENTS OF THE OFFENSE:
1. Accused is a public officer;
2. He entered into a contract or transaction in

behalf of the government;
3. Such contract or transaction is grossly and

manifestly disadvantageous to the government.
R.A. No. 3019
SECTION 3 (H)
ELEMENTS OF VIOLATING SEC. 3 (H)
1. The accused is a public officer;
2. He has a direct or indirect financial or
pecuniary interest in any business, contract, or
transaction; and
3. He either –
a. Intervenes or takes part in his official
capacity in connection with such interest;
or
b. Is prohibited from having such interest by
82 the Constitution or by any law.
atty.jmdelacruzjr.
R.A. No. 3019
SECTION 3 (i):
Directly or indirectly becoming interested, for personal
gain, or having a material interest in any transaction or
act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in
such approval, even if he votes against the same or does
not participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed against
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction
or acts by the board, panel or group to which they
83 belong.
atty.jmdelacruzjr.
R.A. No. 3019
SECTION 3 (J)
(J) Knowingly approving or granting

any license, permit, privilege or benefit
in favor of any person not qualified for
or not legally entitled to such license,
permit, privilege or advantage, or for a
mere representative or dummy of one
who is not so qualified or entitled.
R.A. No. 3019
SECTION 3 (k)
(k) Divulging valuable information of

a confidential character, acquired by
his office or by him on account of his
official position to unauthorized
persons, or releasing such information
in advance of its authorized release
date.
RA 1379
The Forfeiture Law or the Unexplained Wealth Act
Section 15, Art. XI, 1987

Constitution, explicitly provides:
“The right of the State to recover properties
unlawfully acquired by public officials or
employees, from them or from their nominees or
transferees, shall not be barred by prescription,
laches, or estoppel.
RA 1379
* Enacted by Congress on June 18, 1955.
•The enactment of RA 1379 “marked the

beginnings of anti-graft legislation in the
country.”
•By virtue of this legislation, the State has the

power to institute forfeiture proceedings against
any public officer or employee in order to recover
properties found to have been unlawfully acquired
87 by atty.jmdelacruzjr.
him.
RA 1379
What is FORFEITURE?
= is a divestiture of property without compensation, in
consequence of a default or an offense….
=In Black’s Law Dictionary a “forfeiture” is defined to be

‘the incurring of a liability to pay a definite sum of money
as the consequence of violating the provisions of some
statute or refusal to comply with some requirement of law.’
It may be said to be a penalty imposed for misconduct or
breach of duty.”
RA 1379
IS A FORFEITURE CASE FILED UNDER RA 1379

CRIMINAL or CIVIL?
1. Almeda vs. Perez, 5 SCRA 970, the Supreme
Court stated that the proceeding under RA 1379 is
NOT CRIMINAL PROCEEDING because it does not
terminate in the imposition of a penalty but
merely in the forfeiture of properties illegally
acquired in favor of the State and because the
procedure leading to forfeiture is that provided for
in a civil action.
RA 1379
2. In, Cabal vs. Kapunan,et.al., 6 SCRA 1059, the

Supreme Court held that proceedings for forfeiture
of property are deemed criminal or penal, and,
hence, the exemption of the defendants in criminal
cases from the obligation to be witnesses against
themselves are applicable thereto.
3. In Republic vs. Sandiganbayan, et.al. 200

SCRA 667, the SC categorically declared that
forfeiture proceedings are action in rem and
therefore civil in nature.
RA 1379
4. The above flip-flopping rulings are finally

settled by the SC in the case of Republic vs.
Sandiganbayan, et.al., G.R. No. 152154, Nov.18,
2003, where it held that forfeiture under RA 1379
are CIVIL IN NATURE , contrary to the claim of
respondent Marcoses.

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SURVEY OF

“The wisdom of the wise,

* In the study of criminal law, it is important to

* These legal maxims provide an insight into

* This maxim is simply translated as “There is no crime

* One can never prosecute a crime if there is no law

* There must be a statutory framework in place

* This refers to the criminal intent -- an act

* A crime is not committed if the mind of the

* It should be noted that this only applies to

Fraud is never presumed. Fraud

The maxim or the doctrine of pro reo simply refers

This is in line with the fundamental rule that all

Simply translated as “that which is not

Loosely translated as “the verdict

“It is unlawful to overcome a crime by

Thus, underhanded and illegal acts

This maxim is similar to the foregoing maxim.

Simply stated, this maxim cautions citizens from

This maxim - “the law looks forward, not

Thus, it is generally established that a law takes

Common is the maxim that ignorance

*Special Penal Laws are laws enacted by the

* As a rule of thumb in statutory construction,

* Note that there are a number of special

* Some special laws have either repealed or

* The reason for this situation is that

1) Rights of the Accused under custodial investigation (RA 7438);

* Also known as the Public Assembly Act of 1985

* Under BP 880, it is not part of state policy that all

* Under this law:

* A permit is not necessary to make the

* A permit is necessary only to provide

* In fact, if the authority issuing the permit does not

* If the permit were deemed to be an indispensable

* In Primicias vs. Fugoso, 27 January 1948, the SC goes even

* If, after that period, no such parks are so identified in

* The only requirement will be written notices to the police

* The JJSA was signed into law by PGMA on

* RA 9344 provides the creation of the JJ

* Instead of detention, CICL will undergo diversion programs like

*Upon arrest, CICL aged 15 to 18 will no longer be detained but

* CICL who are detained in city and municipal jails and

* Young heinous-crime offenders as well as those who

* RA 9287 condemns illegal gambling activities such

* Under this amendatory law, illegal numbers games

This law provides for certain definitions for:

1) Illegal number games; ?

* Parents or Guardians, who exercise moral authority

= includes mental or emotional abuse like stalking,

=RTC’s designated as Family Courts.

* Repealed RA 857 which provided that any

* SOME OF THE RIGHTS UNDER

=any arresting public officer or employee or any investigating

=Officer or employee or ?anyone acting upon orders of

=any person, imprisonment of 4 years to 6 years, fine of P4K

* It then provided for the death ?

* “Heinous” those that are grevious, odious and hateful offenses,

*imposable on treason, piracy, qualified piracy, qualified bribery,

* In Peo. Vs. Camano, 115 SCRA 688 and Peo

* RA 9346 repealed RA 7659, signed by PGMA

* “Money Laundering” -is the process by which a person conceals

*STAGES OF MONEY LAUNDERING