2021-2022 LAST MINUTE Handout No.

CRIMINAL LAW

BASIC PRINCIPLES

Characteristics of Criminal Law

1. General
2. Territorial
3. Prospective

General Rule: A penal law cannot make an act punishable in a manner in which it was not
punishable when committed. Crimes are punishable under the laws in force at the time
of their commission. (Article 366, Revised Penal Code)

Exception: Whenever a new statute dealing with crime establishes conditions more
lenient or favorable to the accused, it can be given a retroactive effect.

Exceptions to the exception:

i. Where the new law is expressly made inapplicable to pending actions or
existing causes of action.
ii. Where the offender is a habitual criminal.

RA No. 109511 specifically stipulates that its provisions shall have retroactive effect.

Section 100 adds that this retroactivity applies not only to persons accused of crimes but have
yet to be meted their final sentence, but also to those already “serving sentence by final
judgment.”

This retroactivity is in keeping with the principle already contained in Article 22 of the Revised
Penal Code that “penal laws shall have a retroactive effect insofar as they favor the person guilty
of a felony.” People vs. Belen Mejares y Valencia, G.R. No. 225735, January 10, 2018, J. LEONEN.

There can be no crime when the criminal mind is wanting.

"As a general rule, ignorance or mistake as to particular facts, honest and real, will exempt the
doer from felonious responsibility. The exception of course is neglect in the discharge of duty or

1
An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based and the Fines
Imposed Under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known as "The Revised
Penal Code", as Amended

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indifference to consequences, which is equivalent to criminal intent, for in this instance, the
element of malicious intent is supplied by the element of negligence and imprudence."

The doctrine applies to crimes mala in se, mens rea being defined as a guilty mind, a guilty or
wrongful purpose or criminal intent, and essential for criminal liability. A criminal law that
contains no mens rea requirement infringes on constitutionally protected rights. The criminal
statute must also provide for the overt acts that constitute the crime.

For a crime to exist it is not enough that mens rea be shown; there must also be an actus reus
which is defined as an action or conduct that is a constituent element of a crime, as opposed to
the mental state of the accused. (Office of the Ombudsman vs. Marian and Maricar Torres, G.R.
No. 168309, January 29, 2008)

Mala In Se vs. Mala Prohibita

Mala In Se Mala Prohibita

As to Nature
Inherently wrong and essentially evil, that is, Not inherently immoral and evil, but
immoral in its nature and injurious in its becomes so because it is expressly
consequences. prohibited by law.

As to What Laws are Violated

Revised Penal Code Special Laws

As to Intent as an Element
Intent is an essential element. Intent to commit the crime is not an
essential element. Intent to perpetrate the
act prohibited by law will suffice.

As to the Availability of the Defense of Honest Mistake of Fact

Honest mistake of fact is a defense. Honest mistake of fact is not a defense.

As to Use of Good Faith as a Defense

Good faith is a valid defense, unless the Good faith is not a defense.
crime is the result of culpa.

As to Persons Criminally Liable

Persons criminally liable are the principals, Generally, there are no principals,
accomplices, and accessories. accomplices, and accessories, unless
specifically provided for by law.

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Mala In Se Mala Prohibita

As to Stages of Execution
There are three (3) stages: attempted, No such stages of execution, unless
frustrated, and consummated. specifically provided for by law.

As to Penalties
Penalties are classified into degrees and Generally, penalties are specific in terms
periods. It is computed on the basis of of years, months, or days, unless
whether the offender is a principal, or provided for by the special law itself. The
merely an accomplice or accessory. penalty for the offenders is the same,
whether they are merely accomplices or
accessories.
As to Degree of Accomplishment of Crime
The degree of accomplishment of the crime The act gives rise to a crime only when it
is taken into account in punishing the is consummated.
offender.

As to Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances Mitigating and aggravating circumstances
are taken into account when imposing the are generally not taken into account.
penalty.

As to Degree of Participation
When there is more than one offender, the Degree of participation is generally not
degree of participation of each in the taken into account. All who participated in
commission of the crime is taken into the act are punished to the same extent.
account.

A complex crime is only one crime.

Although two (2) or more crimes are actually committed, they constitute only one crime in the
eyes of the law as well as in the conscience of the offender. The offender has only one criminal
intent. Hence, there is only one penalty imposed for the commission of a complex crime.

A continued crime is not a complex crime.

A continued crime is not a complex crime because the offender in continued or continuous crime
does not perform a single act, but a series of acts, and one offense is not a necessary means for

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committing the other. Not being a complex crime, the penalty for continued crime is not to be
imposed in the maximum period. (REYES, Revised Penal Code, Book One)

Complex Crimes vs. Special Complex Crimes

Complex Crimes Special Complex Crimes

The combination is not specified but in The combination of the offenses is fixed by
general terms, i.e. grave and/or less law -e.g. robbery with homicide, robbery with
grave; or one offense being the rape, arson with homicide, kidnapping with
necessary means to commit the other. homicide, etc.
The penalty is not specific but is for the The penalty for the specified combination of
most serious offense in the maximum crimes is also specific.
period.
If there is more than one count of the There is just one composite crime to be
component crime forming part of the charged, even if there are more than one
complex crime, the first shall be count of the component crime, such as
complexed while the other counts may several rapes or several homicides
be treated as separate crime. accompanying the kidnapping.
If a light felony accompanies the If a light felony accompanied the
commission of the complex crime, the commission of the composite offense, such
light felony may be subject to separate light felony is absorbed.
information.
It is not possible to complex under Article Offenses under a special law can become
48 two offenses; one felony and one composite, e.g. carnapping with homicide.
offense.

JUSTIFYING, EXEMPTING, MITIGATING, AGGRAVATING, AND ALTERNATE CIRCUMSTANCES

(CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY)

Requisites of Self-Defense

1. unlawful aggression;
2. reasonable necessity of the means employed to prevent or repel it; and
3. lack of sufficient provocation on the part of the person defending himself.

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CRIMINAL LAW

Unlawful aggression is the indispensable element of self-defense, for if no unlawful aggression

attributed to the victim is established, self-defense is unavailing as there is nothing to repel.

The unlawful aggression of the victim must put the life and personal safety of the person
defending himself in actual peril. A mere threatening or intimidating attitude does not constitute
unlawful aggression. (People vs. Campos, G.R. No. 176061, July 4, 2011)

Doctrine of Self-Help

The doctrine states that the owner or unlawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this purpose, he may use such force as may
be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion
or usurpation of his property. (Article 429, Civil Code of the Philippines)

If the accused had the opportunity to escape, exempting circumstance of fear of an equal or
greater injury cannot be appreciated.

To avail of this exempting circumstance, the evidence must establish: (1) the existence of an
uncontrollable fear; (2) that the fear must be real and imminent; and (3) the fear of an injury is
greater than or at least equal to that committed. A mere threat of future injury is insufficient.
The compulsion must be of such a character as to leave no opportunity for the accused to escape.
(People vs. Baron, G.R. No. 185209, 28 June 2010)

Habitual Delinquency vs. Recidivism

Habitual Delinquency Recidivism

(Article 62, par. 5, RPC) (Article 14, par. 9, RPC)
As to Crime/s Committed
The crimes are specified. These are It is sufficient that the accused, on the date
serious or less serious physical injuries, of the trial, shall have been previously
robbery, theft, estafa, or falsification. convicted by final judgment of another crime
embraced in the same title of the RPC.
As to the Period of Time the Crime/s are Committed
The offender is found guilty within ten No period of time between the former
(10) years from his last release or last conviction and the last conviction.
conviction.

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Habitual Delinquency Recidivism

(Article 62, par. 5, RPC) (Article 14, par. 9, RPC)
As to the Number of Crimes Committed
The accused must be found guilty the The second offense is for an offense found
third time or oftener of the crime in the same title of the RPC.
specified.
As to their Effects
An additional penalty is also imposed. If not offset by a mitigating circumstance, it
serves to increase the penalty only to the
maximum.

An aggravating circumstance, even if proven during trial, cannot affect an accused-appellant'

s liability when the Information fails to allege such circumstance. People vs. Casemiro, G.R. No.
231122, January 16, 2019

The essence of treachery is the sudden and unexpected attack by the aggressor on an
unsuspecting victim, depriving him of any real chance to defend himself.

Even when the victim was forewarned of the danger to his person, treachery may still be
appreciated since what is decisive is that the execution of the attack made it impossible for the
victim to defend himself or to retaliate.

Absolutory causes are those where the act committed is a crime but for reasons of public policy
and sentiment, there is no penalty imposed.

Examples of absolutory causes are:

1. Spontaneous desistance (Article 6);

2. Accessories who are exempt from criminal liability by reason of relationship (Article 20);
3. Attempted and frustrated light felonies (Article 7);
4. Slight and less serious physical injuries inflicted under exceptional circumstances (Article
247);
5. Trespass to dwelling when such trespass was made to prevent serious harm to one’s self,
the occupants of the dwelling or a third person, or when committed by any person who
shall enter a dwelling for the purpose of rendering some service to humanity or justice,

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nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same
are open (Article 280, par.3);
6. Persons exempt from criminal liability for theft, swindling and malicious mischief by
reason of relationship (Article 332);
7. Marriage by the offender to the offended party in cases of seduction, abduction, acts of
lasciviousness -applicable to co-principals, accomplices and accessories after the fact. In
case of rape, the absolutory cause only applies to the offender who married the offended
party (Article 344); and
8. Instigation.

INDETERMINATE SENTENCE LAW

Instances when the Indeterminate Sentence Law is NOT applicable:

1. Persons convicted of offenses punished with death penalty or life imprisonment.

2. Those convicted of treason, conspiracy, or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition, or espionage
4. Those convicted of piracy.
5. Those who are habitual delinquents (but it is applicable to recidivist).
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of conditional pardon granted to them by the Chief
Executive.
8. Those whose maximum term of imprisonment does not exceed one year.
Note: The ISL does not apply to non-divisible penalties (e.g. death, reclusion perpetua, life
imprisonment); it covers only divisible penalties and does not include indivisible penalties.
9. Those who, upon approval of the law (i.e. December 5, 1933), had been sentenced by
final judgment. (Section 2, Act No. 4103)
10. Those sentenced to the penalty of destierro or suspension (in view of their nature; the
benefits of ISL are expressly granted to those who are sentenced to imprisonment
exceeding one year).

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Where the application of the law on indeterminate sentence would be unfavorable to the
accused, resulting in the lengthening of his prison sentence, said law on indeterminate sentence
should not be applied, and instead, a straight sentence may be imposed if the same will be
favorable to the accused. People vs. Nang Kay, G.R. No. L-3565, April 20, 1951.

SERVICE OF SENTENCE

"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
3 (a), PD No. 968

Instances when Probation is NOT applicable

The following are disqualified to avail the benefits of probation, those who are:

a. sentenced to serve a maximum term of imprisonment of more than six (6) years;
b. convicted of any crime against the national security;
c. who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
d. who have been once on probation under the provisions of PD No. 968; and
e. who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof. (Section 9, PD No. 968, as amended by
RA No. 10707)

The Probation Law does NOT apply to drug traffickers and pushers.

Any person convicted for drug trafficking or pushing under [this Act], regardless of the penalty
imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential
Decree No. 968, as amended. (Section 24, RA No. 9165 or the Comprehensive Dangerous Drugs
Act of 2002)

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EFFECT OF DEATH OF THE ACCUSED

Civil liability is extinguished only when death occurs before final judgment.

Hence, if the offender dies after final judgment, the pecuniary penalties are not extinguished.

Note: When the accused died while the judgment of conviction against him was pending appeal,
both his criminal and civil liability are extinguished. “Final judgment” means judgment beyond
recall. As long as the judgment becomes executory, it cannot be truthfully said that the defendant
is definitely guilty of the felony charged against him.

Effect of death of the accused pending appeal

General Rule: Death of the accused pending appeal of his conviction extinguishes his criminal
liability as well as the civil liability based solely on the offense committed.

Exception: The claim for civil liability survives notwithstanding the death of the accused if the
same may also be predicated on a source of obligation other than delict, such as law, contracts,
quasi-contracts, and quasi-delicts.

Death of the offended party does not extinguish the criminal liability of the offender because
the offense is committed against the State.

CRIMES AGAINST PERSONS

A killing done at the spur of the moment cannot be treacherous.

Even where the victim was shot from behind, if the shooting was done in the course of a heated
argument between the victim and the assailant, treachery should not be appreciated, for in that
situation, the assailant was filled with anger and rage and excitement, and had no time to reflect
on his actions; in other words, he could not be shown to have consciously adopted the mode of
attacking the victim from behind to facilitate the killing without risk to himself. (Benjamin Rustia,
Jr., et al. vs. People, G.R. No. 208351, October 5, 2016)

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The assailant’s intent to kill is the main element that distinguishes the crime of physical injuries
from the crime of homicide.

The crime can only be homicide if the intent to kill is proven. The intent to kill must be proven in
a clear and evident manner [so as] to exclude every possible doubt as to the homicidal intent of
the aggressor. The Court ruled that “intent to kill is a specific intent which the prosecution must
prove by direct or circumstantial evidence,” which may consist of: a) the means used by the
malefactors; b) the nature, location and number of wounds sustained by the victim; c) the
conduct of the malefactors before, at the time, or immediately after the killing of the victim; d)
the circumstances under which the crime was committed; and, e) the motives of the accused.
Moreover, the Court has held that intent to kill is only presumed if the victim dies as a result of a
deliberate act of the malefactors. (Id.)

The intent of the offender to lie with the female defines the distinction between attempted
rape and acts of lasciviousness.

The felony of attempted rape requires such intent; the felony of acts of lasciviousness does not.
Only the direct overt acts of the offender establish the intent to lie with the female. However,
merely climbing on top of a naked female does not constitute attempted rape without proof of
his erectile penis being in a position to penetrate the female's vagina.

Attempted rape is committed, therefore, when the "touching" of the vagina by the penis is
coupled with the intent to penetrate. The intent to penetrate is manifest only through the
showing of the penis capable of consummating the sexual act touching the external genitalia of
the female. Without such showing, only the felony of acts of lasciviousness is committed (Cruz
vs. People, G.R. No. 166441, October 08, 2014)

Rape under the RPC, as amended, can be committed in two ways:

(1) Article 266-A, paragraph 1 refers to rape through sexual intercourse, also known as “organ
rape” or “penile rape.” The central element in rape through sexual intercourse is carnal
knowledge, which must be proven beyond reasonable doubt.

(2) Article 266-A, paragraph 2 refers to rape by sexual assault, also called “instrument or object
rape,” or “gender-free rape.” It must be attended by any of the circumstances enumerated in
subparagraphs (a) to (d) of paragraph 1.

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Rape by sexual assault, defined.

Rape under paragraph 2 of Article 266-A of the RPC as amended, is commonly known as rape by
sexual assault. The perpetrator, under any of the attendant circumstances mentioned in
paragraph 1, commits this kind of rape by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object into the genital or anal orifice of another person. It is also
called “instrument or object rape”, also “gender-free rape”, or the narrower “homosexual rape”.
(People vs. Gaduyon, G.R. No. 181473, 11 November 2013)

Note: Rape by sexual assault may be committed by any person -regardless of gender.

By jurisprudence, an accused charged in the Information with rape by sexual intercourse cannot
be found guilty of rape by sexual assault, even though the latter crime was proven during trial.

This is due to the substantial distinctions between these two modes of rape. The elements of
rape through sexual intercourse are: (1) that the offender is a man; (2) that the offender had
carnal knowledge of a woman; and (3) that such act is accomplished by using force or
intimidation. Rape by sexual intercourse is a crime committed by a man against a woman, and
the central element is carnal knowledge. On the other hand, the elements of rape by sexual
assault are: (1) that the offender commits an act of sexual assault; (2) that the act of sexual
assault is committed by inserting his penis into another person’s mouth or anal orifice or by
inserting any instrument or object into the genital or anal orifice of another person; and that the
act of sexual assault is accomplished by using force or intimidation, among others.

In the first mode (rape by sexual intercourse): (1) the offender is always a man; (2) the offended
party is always a woman; (3) rape is committed through penile penetration of the vagina; and (4)
the penalty is reclusion perpertua.

In the second mode (rape by sexual assault): (1) the offender may be a man or a woman; (2) the
offended party may be a man or a woman; (3) rape is committed by inserting the penis into
another person’s mouth or anal orifice, or any instrument or object into the genital or anal orifice
of another person; and (4) the penalty is prisión mayor. (People vs. Noel Go Caoili aka “Boy
Tagalog”, G.R. Nos. 196342 and 196848, August 8, 2017)

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CRIMES AGAINST PROPERTY

There is no crime of frustrated theft.

Unlawful taking or apoderamiento, is deemed complete from the moment the offender gains
possession of the thing even if he has no opportunity to dispose of the same. Unlawful taking,
which is the deprivation of one’s personal property, is the element which produces the felony in
its consummated stage. At the same time, without unlawful taking as an act of execution, the
offense could only be attempted theft, if at all. (Aristotel Valenzuela vs. People, et al., G.R. No.
160188, June 21, 2007)

Elements of Qualified Theft

Theft is consummated when three (3) elements concur: (1) the actual act of taking without the
use of violence, intimidation, or force upon persons or things; (2) intent to gain on the part of the
taker; and (3) the absence of the owner’s consent.

Moreover, for qualified theft to be committed, the following elements must concur:

1. Taking of personal property;

2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owner’s consent;
5. That it be accomplished without the use of violence or intimidation against persons, nor
of force upon things; and
6. That it be done with grave abuse of confidence. People vs. Belen Mejares y Valencia, G.R.
No. 225735, January 10, 2018, J. LEONEN.

The Supreme Court has been consistent in holding that “intent to gain or animus lucrandi is an
internal act that is presumed from the unlawful taking by the offender of the thing subject of
asportation. [Thus,] actual gain is irrelevant as the important consideration is the intent to
gain.

In this case, it is clear from the established facts that it was accused-appellant who opened the
drawer in the masters’ bedroom and took away the cash and valuables it contained. Therefore,
the burden is on the defense to prove that intent to gain was absent despite accused-appellant’s

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actual taking of her employer’s valuables. It is precisely this burden that the defense failed to
discharge. Id.

CRIMES AGAINST PUBLIC INTEREST

Not all the elements of the crime punished by paragraph 2, Article 172 are included under
Article 171. Specifically, the former offense requires the element of damage, which is not a
requisite in the latter

Falsification under paragraph 2 of Article 172 goes beyond the elements of falsification
enumerated under Article 171. The former requires additional independent evidence of damage
or intention to cause the same to a third person. Simply put, in Article 171, damage is not an
element of the crime; but in paragraph 2 of Article 172, or falsification of a private document,
damage is an element necessary for conviction. Dr. Frisco M. Malabanan vs. Sandiganbayan,
G.R. Nos. 186329, 186584-86, and 198598, August 2, 2017.

Doctrine of common element

Under the doctrine of common element, an element used to complete one crime cannot be
legally re-used to complete the requisites of a subsequent crime. (REGALADO, RPC)

To illustrate:

The common element of estafa or malversation and falsification of private document is damage
to the complainant. Thus, falsification of private document and estafa or malversation cannot co-
exist. The use of damage as an element of falsification of private document precludes the re-use
thereof to complete the elements of estafa or malversation, and vice versa.

There is no complex crime of estafa through falsification of private document

There is no complex crime of estafa through falsification of private document since a complex
crime presupposes the existence of two or more crimes as components thereof, while under
common element doctrine there is only one crime, either estafa or falsification of private
document

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If the falsification of a private document is committed as a means to commit estafa, the proper
crime to be charged is falsification. If the estafa can be committed without the necessity of
falsifying a document, the proper crime to be charged is estafa. (Batulanon vs. People, G.R. No.
139857, September 15, 2006)

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004

(Republic Act No. 9262)

Women can also be liable under RA No. 9262 as the law specifically provides that it is “committed
by any person”. These are the lesbian partners/girlfriends or former partners of the victim with
whom she has or had a sexual or dating relationship.

Battered Woman Syndrome may be appreciated by the courts as a justifying circumstance.

"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. Section 3(c), RA 9262.

Victim-survivors who are found by the courts to be suffering from battered woman syndrome do
not incur any criminal and civil liability notwithstanding the absence of any of the elements for
justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert
psychiatrists/ psychologists. Section 26, RA 9262.

Commission of any acts constituting violence against women and their children is a public
crime.

Violence against women and their children shall be considered a public offense which may be
prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime. (Section 25, RA No. 9262)

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The deprivation or denial of financial support to the child is considered an act of violence
against women and children. (Section 5, par. (e)(2), RA 9262; Del Socorro v. Van Wilsem, G.R. No.
193707, December 10, 2014)

While the law provides that the offender be related or connected to the victim by marriage,
former marriage, or a sexual or dating relationship, it does not preclude the application of the
principle of conspiracy under the Revised Penal Code (RPC).

VAWC may likewise be committed “against a woman with whom the person has or had a sexual
or dating relationship.” Clearly, the use of the gender-neutral word “person” who has or had a
sexual or dating relationship with the woman encompasses even lesbian relationships. Moreover,
while the law provides that the offender be related or connected to the victim by marriage,
former marriage, or a sexual or dating relationship, it does not preclude the application of the
principle of conspiracy under the Revised Penal Code (RPC).

Thus, in the case of Go-Tan v. Spouses Tan, 567 SCRA 231 (2008), the parents-in-law of Sharica
Mari L. Go-Tan, the victim, were held to be proper respondents in the case filed by the latter
upon the allegation that they and their son (Go-Tan’s husband) had community of design and
purpose in tormenting her by giving her insufficient financial support; harassing and pressuring
her to be ejected from the family home; and in repeatedly abusing her verbally, emotionally,
mentally and physically. Jesus C. Garcia vs. Hon. Ray Allan T. Drilon, etc., G.R. No. 179267, June
25, 2013.

SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION,

AND DISCRIMINATION ACT (Republic Act No. 7610)

"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

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(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. (Section 3(b), RA 7610)

A person who commits an act that debases, degrades, or demeans the intrinsic worth and
dignity of the child as a human being, whether habitual or not, can be held liable for violation
of RA No. 7610.

Petitioner’s act of whipping AAA on the neck with a wet t-shirt is an act that debases, degrades,
and demeans the intrinsic worth and dignity of a child. It is a form of cruelty. Being smacked
several times in a public place is a humiliating and traumatizing experience for all persons
regardless of age. Petitioner, as an adult, should have exercised restraint and self-control rather
than retaliate against a fourteen (14)-year-old child. Van Clifford Torres y Salera vs. People, G.R.
No. 206627, January 18, 2017, J. LEONEN.

SAFE SPACES ACT

(Republic Act No. 11313)

RA No. 11313 covers all forms of gender-based sexual harassment (GBSH) committed in: (1)
public spaces, (2) educational or training institutions, (3) workplace, as well as (4) online space.

Catcalling, defined.

Catcalling refers to unwanted remarks directed towards a person, commonly done in the form
of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs. Section 3(a), RA
11313.

Public Spaces, defined.

Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces used as evacuation centers, government offices,
public utility vehicles as well as private vehicles covered by app-based transport network services

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and other recreational spaces such as, but not limited to, cinema halls, theaters and spas. Section
3(g), RA 11313.

Stalking, defined.

Stalking refers to conduct directed at a person involving the repeated visual or physical proximity,
non-consensual communication, or a combination thereof that cause or will likely cause a person
to fear for one’s own safety or the safety of others, or to suffer emotional distress. Section 3(h),
RA 11313.

Cyberstalking is a form of stalking that is committed through an electronic medium in which

online communication takes place. To constitute an offense, the conduct must be manifested
through the (repeated) use of electronic communications in stalking.

Note: Stalking an online profile which is publicly accessible in itself does not constitute an offense.

Acts that are legitimate expressions of indigenous culture and tradition, as well as
breastfeeding in public shall not be penalized under the Safe Spaces Act. Section 31, Article VI,
RA 11313

Expressions of indigenous culture and tradition include, among others, the wearing of traditional
attires of tribes or clans that may show partial nudity. Provided that, such expressions of
indigenous culture and tradition do not discriminate against women, girls, and persons of diverse
sexual orientation, gender identity, and expression

DATA PRIVACY ACT OF 2012

(Republic Act No. 10173)

Data Privacy, defined.

Data privacy refers to the right of an individual to control the collection of, access to, and use of
personal information about him or her that are under the control or custody of the government
or the private sector.

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Personal Information, defined.

Personal information refers to any information whether recorded in a material form or not, from
which the identity of an individual is apparent or can be reasonably and directly ascertained by
the entity holding the information, or when put together with other information would directly
and certainly identify an individual. Section 3(g), RA 10173.

Sensitive Personal Information, defined.

Sensitive personal information refers to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color, and
religious, philosophical or political affiliations;

(2) About an individual’s health, education, genetic or sexual life of a person, or

to any proceeding for any offense committed or alleged to have been committed
by such person, the disposal of such proceedings, or the sentence of any court in
such proceedings;

(3) Issued by government agencies peculiar to an individual which includes, but

not limited to, social security numbers, previous or cm-rent health records,
licenses or its denials, suspension or revocation, and tax returns; and

(4) Specifically established by an executive order or an act of Congress to be kept

classified. Section 3(l), RA 10173.

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