Special Crime Investigation
Special Crime Investigation
Special Crime Investigation
INTRODUCTION
CHAPTER ONE
Definition of Arrest
Arrest is the taking of a person into custody that he may be bound to answer for the
commission of an offense.
The person making the arrest has the duty to deliver that person to the nearest
police station or municipal jail WITHOUT UNNECESSARY DELAY.
A search warrant’s lifetime is ten days from the date of its issue.
A warrant of arrest has no definite lifetime. It shall remain in effect until it is executed
or revoked by the court. In case of loss, the officer in charge may get a new warrant called
alias warrant of arrest. (Rule 113, The Revised Rules Of Criminal Procedure)
Only a judge may issue a warrant of arrest.
Within five days of the filing of the information, the judge shall personally evaluate
the resolution of the prosecutor. If there is no probable cause, the judge may dismiss the
case. If he finds probable cause, he shall issue a warrant of arrest. If the judge doubts the
existence of probable cause, the judge may order the prosecution to submit additional
evidence within five days from notice.
When conducting a warrantless arrest, the arresting officer must also ensure that the
arrested person is properly informed of his/her rights under the law.
CUSTODIAL INVESTIGATION
During custodial investigation, police officers must abide by the provisions of
Republic Act 7438, or the law that prescribed the Rights of Persons Arrested, Detained, or
Under Custodial Investigation; and Republic Act 9745, or the Anti-Torture Law.
It is important to remember and apply the following guidelines on custodial
investigation:
a. Police officers must observe the principle of due investigative process and
presume the person being investigated as innocent until proven guilty by the court.
b. Investigations must be sensitive and adaptable to special needs or requirements
of women, children, minors, the elderly, members of indigenous groups, and persons with
disabilities.
c. Put up PNP Posters on the Rights of Persons Arrested, Detained, or Under
Investigation (based on R.A. 7438) in a prominent or highly visible area inside the
investigation room. As a best practice, advise the person/s under investigation to read the
poster before the conduct of questioning or custodial investigation.
d. All PNP personnel must inform all persons arrested, detained, or under
investigation about their rights under the law most especially their Right to Counsel and
Right to Physical, Medical, and Psychological Examination before and after custodial
investigation/interrogation.
c. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-
day validity period, the responsible police officer conducting the search must file, before the
issuing court, an application for the extension of the validity period of said search warrant.
Time of Search
The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.
Any object in plain view is subject to seizure and may be introduced as evidence.
Requirements under the Plain View Doctrine are:
(1) The police officer must have prior justification for an intrusion or, otherwise, must be in a
position from which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or a valid subject of seizure.
d. When there is waiver of the right or there is consented search
6
To constitute a waiver of this constitutional right, it must appear, first, that the right exists;
second, that the person involved had knowledge, either actual or constructive, of the
existence of such right; that said person had an actual intention to relinquish the right.
e. Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen on the street, interrogate him, and pat him
for weapons whenever he observes unusual conduct which convinces him that criminal
activity exists.
g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects are engaged in
illegal activities, the tipped information is sufficient to provide probable cause to effect a
warrant less search and seizure.
Special Crime Investigation deals with the study of major crimes based on the
application of special investigative techniques.
The study concentrates more on physical evidence, its collection, handling,
identification, and preservation in coordination with the crime laboratory. Special Crime
Investigation involves a close relationship between the prober in the field and the crime
laboratory technician. They work together as a team, reacting to and extending one
another’s theories and findings both working patiently and thoroughly to solve a crime from
their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical
evidence rather than extra-judicial confession.
Special Crime Investigation is a special study of modern techniques in the investigation of
serious and specific crimes. The emphasis is on physical evidence rather than an extra
judicial confession Special crime investigation focuses on specific crimes which by their
nature are difficult and complex to investigate.
The following are some example of cases subject to special crime investigation.
Murder
Parricide
Infanticide
Homicide
Abortion
Rape
Serious Physical Injuries
Robbery
Theft
Estafa
Carnapping/Motornapping
Arson
Kidnapping
Gambling
7
Drug Cases
Bombing
Illegal Possession of Firearms and Ammunitions
and Criminal Negligence - recklessly acting without reasonable caution and putting another
person at risk of injury or death or offense that arises primarily in situations involving the
death of an innocent party as a result of the operation of a motor vehicle by a person who is
under the influence of drugs and alcohol.
HOMICIDE INVESTIGATION
Homicide Investigation is the official inquiry made by the police on the facts and
circumstances surrounding the death of a person which is expected to be unlawful.
Three Bridges:
a. The dead person has been moved
b. The cadaver is embalmed
c. The body is burned or cremated
Basic Guide for the Investigator to look upon is to establish the following:
1. Corpus delicti or facts that crime was committed
2. Method of operation of the suspect
3. Identity of the guilty party
Name:
Section: Date:
8
Rating: Professor
________________________________________________________________________
________________.
6. Explain the importance of Homicide Investigation.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
__________________________.
CHAPTER TWO
10
Learning Objectives
At the end of this course, the practitioners and students will be able to:
1. Define Confession and Admission;
2. Differentiate between Extra Judicial Confession and Extra Judicial Admission;
3. Familiarize the concepts of Interview and Interrogation;
4. Apply and demonstrate the techniques in conducting Interview and Interrogation;
and
5. Enlighten on the different kinds of Lie and Deception.
OVERVIEW ON CONFESSION
Definition
Types of Confession
1. Extra-judicial confession. These are confessions made by the accused
elsewhere than before in the court of law. It is admissible as evidence in
court when it is (1) done voluntarily, (2) made with assistance of competent
and independent counsel, (3) in writing, and (4) in expressed by the accused.
However, extra-judicial confession is not sufficient ground for conviction
unless it is corroborated by physical evidences of crime.
2. Judicial Confession. It is a confession made before the court of law in the
due course of legal proceedings. Section 29, Rule 130 of the Rules of Court
provides confession as the declaration of an accused expressly
acknowledging his guilt of the offense charged, may be given in evidence
against him.
Rules in Judicial Confession
a. Confession need not to be in writing
b. Confession may be written in a language which the accused does not
speak
c. Confession must be freely and voluntary made
OVERVIEW ON ADMISSION
11
Definition
Types of Admission
1. Extra-judicial Admission are those made from court and requires proof in
the same manner as any other documents requires proof.
Examples of counsel’s entering stipulation of facts (this is done usually
during Preconference and Pre-trial conference stage):
a. A lawyer has the general or implied authority to agree or stipulate upon
the facts involved in a litigation even without the prior knowledge or
consent of his client (Rodriguez v. Santos 55 Phil 721, Rule 30:20 RC)
b. Like admission made by the client in the pleading or during the
proceeding, is binding upon the client (Victoria v Victoria 93 Phil 15)
2. Judicial Admission is an admission, verbal or written, made by a party
during the proceedings in the same case, which dispenses with the need for
proof with respect to the matter or fact admitted (Manuel Ybiernas et. al. vs.
Ester Tanco-Gabaldon, G.R. No. 178925, June 1, 2011). They include
admissions in the pleadings, or during a trial or other proceedings. Judicial
admission takes the form of evidence considering that it requires no proof
and a party is relieved of the duty to prove facts admitted by the other party.
Admission is conclusive against the party making them nor can they, as a
rule, be contradicted.
Requisites for Judicial Admission:
a. It may be written (those made in the pleadings) or verbal (those made
during trial);
b. It is made by a party during the proceedings which may be in the form of
pleadings (complaint, answer, reply, counter affidavit) motions, modes of
discovery with respect for admissions, stipulation of facts, statement
made during trial;
c. It is made in the same case and not in any other case.
Effects of Judicial Admission:
1. As general rule, judicial admission may not be contradicted by the party
making it. Therefore, a party making an admission cannot, during the trial,
deny what has been earlier admitted nor present evidence which will run
12
counter against the admission. Except, when he (1) can show that the
admission was made through palpable mistake or that (2) no such
admission was made.
2. An admission in a pleading on which a party goes to trial is conclusive
against him unless the court allows the pleader to withdraw, explain, or
modify it if it appears to have been made by improvidence or mistake or
that no such admission was made.
Judicial Admissions vs Extrajudicial Admissions
Judicial admissions are conclusive upon the party making them, while
extrajudicial admissions or other admissions are, as a rule, and where the elements
of estoppel are not present, disputable.
Definition
Never conduct or let anyone conduct an interview if the interviewer has not
gone to the crime scene. The questioning should agree with the facts and
conditions at the crime scene. The questioning will lead wayward for the interviewer
who had not seen personally the crime scene and he will not be able to distinguish
half-truths, exaggerations, or falsehood from the answers of the person being
interviewed.
Types of Interviews
of the offender of the crime. This type of interview may be done in question
and answer whereby the person being interviewed is required to answer.
2. Formal Interview. This type of interview is conducted by the investigator
assigned to the case to the identified witnesses of the crime in a detailed and
comprehensive manner. Formal interview has also types namely: normal,
group, or follow-up interview. Normal or cognitive interview is conducted to a
willing or cooperative witness to narrate their accounts without interruption.
Group or pretext interview is conducted for a hostile witness or witness who
refuse to cooperate in the investigation. At last, follow-up interview is
conducted for an additional interview to clarify vital points if necessary.
Stages of Handling the Interview
1. Preparation. The investigator must review the facts of the case and prepare
the questioning.
2. Approach. The investigator must carefully select his kind approach to the
witness or complainant for an interview.
3. Warming up. In this stage, the investigator will clear the atmosphere,
promote a conducive ground for cordially, respect and trust for each other.
4. Cognitive Interview. This is where the investigator let the witness or
complainant to narrate their accounts without interruption on their knowledge
about the commission of crime.
1. Place of the interview. Proper selection of place for the interview provides
psychological advantage to the investigator. However, it may be modified to
suit the nature of the case. Time and place must consider if the witness or
complainant is a busy person.
2. Background Interview. It is the simplest type of interview which concerns
itself with the gathering of information regarding the background of a person.
Time and place have no mush consideration since the interview may be done
during business hours or by arrangement of a suitable time with the witness.
3. Routine Criminal Cases. Interview should be carefully planned. Busy person
can be interviewed at night, privacy is important.
4. Important Criminal Cases. Interview should be conducted in places other
than the subjects home or office to prevent the feeling of confident.
Investigator should get the witness respect.
5. Appropriate Time. The general rule of an interview is as soon as possible
while the facts are fresh in the memory of the witness.
Requisites of an Interview
Qualities of an Interviewer
Considering the type of witness according to their attitudes before going into
the interview can maximize the result of the investigation. It will also help the
investigator in creating a strategy during the interview. These are the following:
1. Know-nothing Type. These are the reluctant types of witness who are
common among the uneducated and low intelligence. Interrogation or by
going down with their level can be applied to this type of witness.
2. Disinterested Type. These are uncooperative and indifferent subject that
need to be arouse their interest or be flattered so that they will talk.
3. The Drunken Type. These are the types of witness that are under the
influence of alcohol. The tyle of questioning to them should be adapted to the
psychology of the subject. When the drunken subject has sobered, another
interview will be conducted, confronting him about his disclosures while in a
state of drunkenness. The written statement must be taken during his
sobriety.
4. Suspicious Type. These type of witness are suspicious about the motive and
actions of the investigator. The barrier of the suspicious must be removed by
sincere explanation or psychological pressure.
5. Talkative Type. These are witness who are prone to exaggerate, adding
irrelevant or new matters to their narrations. The skillful investigator could
prune the unnecessary matters from relevant once.
6. Honest Witness. These are the truthful and cooperative witness where the
investigator could rely upon with little and no problem in handling them.
7. Deceitful Witness. These are the liar type of witnesses. Let them lie and
order them repeat several times their narrations. They be enmeshed in
contradictions. If possible, the lies must be taped recorded for the
17
Definition
Make him admit something, no matter how small or trivial. Usually the first
admission will lead to another. In securing the first admission is the biggest
stumbling block in dealing with tough suspects.
Purposes of Interrogation
Forms of Interrogation
Types of Interrogation
Techniques in Interrogation
the subject within a short time, decide the motivation, and create a good
atmosphere conducive to confession.
b. Sympathetic Approach. The investigator will listen the story of the suspect
especially his troubles, plight, and unfortunate situation. Aftermath, the
investigator will offer friendship and acts of kindness to win his cooperation.
c. Friendliness. A friendly approach of an investigator may induce the suspect
to confess. The following are the forms of friendliness:
1. The Helpful Adviser. The investigator is the suspect’s friend. If he
explains the whole thing to his friend, the investigator will try to advise
him.
2. The sympathetic brother. The suspect is seeking peace of mind and thus
square things with his own conscience. Telling of his story to the
investigator may give him the chance he is asking for.
3. Extenuation. If the suspect were to give the details of the unfortunate
incident, his friend, the investigator presents the affair in its true light.
4. Shifting the blame. The investigator may present the incident that the
crime could be happen to anyone. It is usually applied to the first-time
offender.
5. The Mutt and Jeff or Sweet and Sour Method. One investigator will act
stiffly and going to waste any time until the guilty party is punished, while
the other will be kind-hearted investigator will plea for cooperation while
the other is away.
6. Creating or Increasing the Feeling of Anxiety. The suspect is in the state
of emotional confusion, unable to think logically and clearly and his sense
of value disturbed. The investigator may obtain confession or admission if
he further misrepresents the picture. The methods to promote anxiety
were the following:
6.a. Exaggerating Fear. The interrogator persistently points out that the
suspect cannot win and there is no perfect crime. His continued silence
may affect his loved ones.
6.b. Greater or Lesser Guilt. A certain criminal act may constitute different
kinds of offenses which maybe grave or light. The investigator may
represent himself to be interested with minor ones. The suspect, who is
afraid of the grave consequences maybe free to talk or may confess to a
minor offense.
6.c. The Line-up. The witness, complainant, or victim are requested to
recognize the subject among the group of men in line-up. The witness or
complainant, who maybe previously coached confidentially, points out the
22
subject as the guilt party in the line-up. Once pointed, the subjects is said
to be helping him by cooperating.
6.e. Tricks and Bluff on a Split Pair Techniques. This is applicable when
there is more than one suspect. The suspects are separated and one is
informed that other has talked.
1. Interview the victim, the accuse, or the discoverer of the crime before
interrogating the suspect;
2. Be patient and persistent. Never conclude an interrogation at a time when
you feel discouraged and ready to give up; continue for a little while longer;
3. Make no promise when asked “What will happen to me if I tell you the truth?”;
4. View with skepticism the so-called conscience-stricken confession;
5. When a subject has made repeated denials to previous investigators, first
question him whenever circumstances permit about some other unrelated
offense of a similar nature of which he is also considered to be guilty; and
25
Definitions
Deception – is an act of deceiving or misleading which is accomplished by lying.
Lying – creating a false or misleading impression with the intention of wrongfully
affecting the acts, opinion, or affection of another. It can be accomplished by verbal
terms spoken or acts, feigns, ruses, or other means by which man may be able to
get desired results through marks and symbols.
a. Four-Factor Model. This theory states that when people lie, there are four
underlying mechanisms that work such as arousal, behavior control, emotion,
and thinking. Arousal is one of the causes of lying which is resulted from the
dissonance of conflicting values and behavior or due to fear of getting
caught. Examples of arousal were anxiety, speech errors hesitations,
repetitions, fidgeting and displacement activity, blinking, higher vocal pitch,
and pupil dilation. Behavior control refers to controlling of body language
b. Information Manipulation Theory. This theory explains that lying starts when
a person deliberately breaks the so-called four conversational maxims
namely quantity, quality, relation, and manner. Quantity is giving information
if full without omission and achieve the expectation of the listener. Quality is
truthful and correct giving of information. Relation is giving of information
relevant to the topic or issue being concerned in the conversation at hand. At
last, manner is the giving or presenting of information in an understandable
manner aligned with non-verbal language.
c. Interpersonal Deception Theory. This theory stressed that lying happens in a
dynamic interaction between the liar and the listener. During this interaction
and changing of thoughts between them, the liar will exhibit behavior such as
manipulating behavior, strategically control behavior, and image
management. Manipulating information is the behavior of the liar to divert or
distance the topic of conversation to avoid disclosing the truth such as the
use of generalities and vague statement or talking about other people.
Strategically control behavior is the behavior of the liar used to suppress
signals that indicates lying such as impassive face and rigidity of the body. At
last, image management is the behavior of the liar to maintain the
appearance to be normal such as smiling and nodding.
d. Placebo Effect. Placebo means “I shall please” in Latin. In this theory, the liar
conditioned the mind and perceive the lies being stated as true. This mind
conditioning and belief will serve as the convincing factor of the liar not only
the listener but also to his own. It is common to those individuals who has
higher in ego resilience and agreeableness with lower angry neuroticism.
Psychology of Lying
27
The person who lies fears detection because it may lead to possible
ostracism from the community and be penalized. This fear, as reaction of the lying
person, carries emotional response which may exhibit external and internal physical
changes. These physiological changes are beyond the defensive power to control of
human being.
Kinds of Lie
a. White Lie or Benign Lie. This kind of lie used to protect or maintain the
harmony of friendship or any relationship.
b. Pathological Lie. This is a lie made by persons who cannot distinguish from
right or wrong.
c. Red Lie. This involves political interest and motives because this is a part of
communist propaganda strategy. This is prevalent in communist countries or
communist infested nation. Lies of means of propaganda-brain-washing and
blackmail via espionage and treason.
d. Black Lie. A lie accompanies pretensions and hypocrisies, intriguing to cause
dishonor or discredit one good image.
e. Malicious or Judicial Lie. This is very pure and unjustifiable kind of lie that is
intended purely to mislead or obstruct justice.
Types of Lies
a. Direct Denial. This type of lie is the directly denial of the act in question that
creates an emotional sense of disturbance. This disturbance refers to the
conflict between what is true and the attempted deception that creates an
internal battle of mind. In short, this involve by simply saying that they were
not involved.
b. Lie of Omission. This type of lie is very simple to tell and usually used by an
individual because it is simply telling the truth while omitting details that could
create possible trouble. It is sometimes referred to as “lie of choice” which
28
can be used by the untruthful person to blame the interviewer for not asking
the question.
c. Lie of Fabrication. This type of lie is the most difficult type lie since the
person will create a false scenario and deliberately tell as if it was happened.
This type of lie can be easily detected since the dishonest person may hardly
remember the fabricated facts being told.
d. Lie of Minimization. This type of lie is used by an individual who accept that
something has occurred and wanted to stay close to the truth but downplays
the implication for personal benefit by covering the truth. The liar may used
statements like “it was an accident” or “it was already damaged, though.”
e. Lie of Exaggeration. This type of lie was used by an individual to exaggerate
things or overstate what happened for the hope of obtaining some
advantage. The exaggerated claims can be verified by looking for
inconsistencies of the subject’s story.
Types of Liars
a. Panic Liar. This type of liar is the one who lies in order to avoid admission
and confession. They lie because they are more afraid of the consequences
for telling the truth.
b. Occupational Liar. This type of liar is one who lies for monetary reward in not
telling the truth. They are considered as practical liars since lying become
part of their living.
c. Tournament Liar. This type of liar loves to lie and excited by the challenge of
not being detected.
d. Psychopathic Liar. This type of liar is the most difficult type of liar since they
had no conscience, no regrets for dishonesty, and no manifestation of guilt.
e. Ethnological Liar. This type of liar is taught to observe code of secrecy and
not to be squealer. They are usually member of secret organization or gang
and ought not to reveal the secrets of organization.
f. Pathological Liar. This type of liar is insane who cannot distinguish right from
wrong.
g. Black Liar. This type of liar is good at pretensions of what they are, what kind
of person they are, and simply what they are.
h. Polygraph Test Technique. This technique uses the principle that the bodily
functions of person are influenced by mental state. The physiological
changes accompanying deception are being recorded, measured, and
interpreted with reasonable certainty. It is only administered to a willing
subject and accuracy of the test relies on the competency of the examiner.
The examination is undertaken by asking several questions skillfully
formulated while the subject is attached to the instrument. Its ultimate
objective is to obtain admission or confession of the offense committed.
However, the result of polygraph test is considered as inadmissible evidence
31
Name:
Section: Date:
Rating: Professor
2. After apprising him of his rights under Republic Act 7438, Eduardo Miranda who
was invited and interrogated for the crime of murder executed an extra-judicial
confession acknowledging his guilt to the crime charged. What is the effect of such
confession to his case?
a. It can be used as evidence against him
b. He will be convicted for the crime of murder
c. He waived his rights to prove his innocence
d. His case will prosper
3. An act or declaration made in the presence and within the hearing or observation
of a party who does or says nothing, when the act or declaration naturally calls for
action if comment is not true.
a. Admission by Silence c. Admission
b. Res inter alios acta d. Negative pregnant
5. Which of the following need not be present in order to prove the guilt of the
accused by means of confession or admission?
a. Confession must be supported by corroborative evidence
b. Corpus delicti must be established separately
c. Confession must be voluntarily and freely given
d. Confession must be ratified by the judge or the prosecutor
6. The following are the rights of the accused under the Miranda Doctrine, except
a. The right to remain silent
b. The right to counsel of his own choice
c. Right to be informed of the nature of the charges against him and
whatever he says might be used for or against him
33
7. It is a technique of interrogation in which the investigator tries to dig deep into the
past problems, plight and unfortunate events in the suspect’s life; putting oneself
into the shoes of the suspect may win his cooperation.
a. Emotional appeal c. Tricks and bluffs
b. Stern approach d. Sympathetic approach
10. This is one technique of interrogation in which in order to gain the sympathy of
the suspect, the investigator tells him like: “it is necessary to steal or rob than to see
your children go hungry”
a. Minimization c. Jolting
b. Projection d. Rationalization
12. What do you call to a Lie used to destroy the ideologies or creating false
propaganda? It is about spite and revenge.
a. Gray lie
b. Blue lie
c. Black lie
d. Red lie
13. A lie used to tell partly to help others and partly to help ourselves. It may vary in
the shade of gray, depending on the balance of help and harm.
a. Gray lie c. Black lie
b. Blue lie d. Red lie
15. Jayvee, an ex-convict was used as a state witness in investigating the crime of
drug smuggling. He was subjected into polygraph examination to test his credibility
and loyalty to better cooperate in the conduct of investigation. As to the source of
information, what kind of source Ayalin is?
a. Grapevine source c. Cultivated source
b. Regular source d. Power source
17. What lie did Cardo committed if he saw his friend stealing some goods and does
not tell the truth when asked by the police?
a. Malicious lie c. Emergency lie
b. White lie d. Lie of Omission
18. Delfin approached Lucy-Ana and said that the latter was so beautiful when in
fact he was so irritated by its ugly face. What lie did he committed?
a. None c. Lie of Omission
b. Black lie d. Lie of Compliment
19. Refers to the act of inducing another person or people to believe a lie in order to
secure material or financial gain for the liar. Depending on the context, this may
subject to the liar to civil or criminal penalties.
a. Estafa c. Honest lie
b. Fraud d. Fake news
CHAPTER THREE
Learning Objectives
At the end of this course, the practitioners and students will be able to:
3. Familiarize the technical and legal aspects of Kidnapping, Robbery, and Theft
Investigation;
Introduction
The first essential step of the homicide investigation is to establish that the victim is,
indeed, dead. Police officers do not have the legal authority to pronounce death, only
physicians/medical doctor can establish the fact of death. For this reason, the police officer
should never assume death unless the condition of the victim’s body demonstrates death in
a totally obvious manner.
B. Kinds of Death
1. Somatic Death – Clinical Death
It is a complete, continuous, persistent cessation of respiration, circulation and
almost all brain functions of an organism. It is usually pronounced by a physician
or other members of the family.
2. Molecular Death- Cellular Death
It is the cessation of life of the individual cells in the whole body, which occurs
one at a time after somatic death.
3. Apparent Death – State of Suspended Animation
It is the state of temporary cessation of vital activities of the body or vital
processes were depressed to the minimum compatible with life. This condition is
not actually death although classified under the kinds of death, because the
person or organism is still alive although it seems that there are no signs of life.
C. Signs of Death
1. Cessation of respiration
2. Cessation of Heart Beating and Circulation
3. Cooling of the body
4. Insensibility of the body and loss of power to remove
5. Changes in the eyes
6. Changes in the skin
Establishing the identity of the victim is important, it will provide tracing clues to the
motive and identity of the perpetrator, with the identity known, the investigator can focus
attention on the victim’s background and establish a possible motive through such
information. Victims encountered in indoor scenes will normally have identifying data on
36
the body, or such data will be available throughout the crime scene. In outdoor scenes,
such evidence is normally not as readily available, since the victim is removed from the
personal environment and also outdoor scene may not be discovered for long period of
time; thus evidence may be destroyed by elements of nature or will be lost. If there are no
identifying papers on the victim’s person, fingerprint should be used as means of
identification. If fingerprint identification is unsuccessful, the investigator must rely on other
methods to establish identity.
Dental structures are highly resistant to destruction, and are frequently useful when
the other portions of the body are totally decomposed (Forensic Odontology). The skeletal
remains of the victim may also help to determine identity, as well as yield other types of
information. If bone fractures are noted, they may be used to identify the deceased, but if
only corresponding medical records can be located. The widths of the pelvic bones are
excellent indicators of the victim’s sex; Determination of the victims age maybe more
difficult, in that the victims past the age of eighteen years have generally achieved their
maximum skeletal growth. However, general age determination can be established via
dental structure.
A. Points Taken into Consideration when Finding Human Dead Body Elsewhere:
1. Place where the body was found
2. Date and time when found
3. Cause of death
4. Time when death occurred
5. Approximate age
6. Possible occupation
7. Complete description of the body
POST-MORTEM CHANGES
TYPES OF LIVIDITY
1. Hypostatic – Blood is still in fluid form inside blood vessel; change as position of the
body changes. Blood remains fluid in the blood vessel for 6- 8 hours.
2. Diffusion– Coagulated inside blood vessel; Change in position will not change its
location.
- Involves all muscles the same time at the same rate.It appears first in the
smallermuscles such as the jaw and then gradually spread to upper and lower extremities.
- Instantaneous rigidity can also be found following ingestion of cyanide and
strychnine poison.
Rigor Mortis has duration of 24 to 48 hours in the Philippines and other tropical
countries and 36 to 48 hours during summer in the same.
7. CHANGES IN STOMACH
It usually takes three to four hours for the stomach to empty its contents after meals.
External post mortem appearances are very informative. The areas of the body
showing lividity indicate the position after death. Wounds and their appearance are
particularly significant as they often assist in reconstructing the circumstances of a crime,
the nature of the murder weapon and the manner of its use.
Defense wounds are the result of a person’s instinctive reaction of self-protection. It
may be found on the hand in the effort of the victim to grasp the wounding instrument or by
raising the hand to protect the vital parts of the body. Absence of defense wound does not
eliminate the possibility that the victim made some form of defense.
Gunshot Wounds
All gunshot wounds result from the entry of a projectile into the body, and the
frequent presence of undispersed explosive gases. The relative size and appearance of the
wound will be affected by the distance from which the weapon was discharged. Generally,
the closer the discharged to the skin, the greater the damage. This damage is due to
explosive gases which precede the projectile at close range. In some investigations
involving firearms, a determination of whether the death was a homicidal, suicide or
accidental is difficult. In making such determination, the distance of the discharge is of great
importance. Majority of suicidal and accidental gunshot cases, arm’s length discharges are
involved. Accordingly, if the wound indicates discharge beyond the victim’s length, homicide
is indicated.
The location of the wound may also serve to rule out suicide. If the wound is located
in an area of the body that is relatively inaccessible to the victim, homicide is indicated. It is
also unusual for a suicide wound to be inflicted in an area other than the head of chest.
However,there have been a number of suicide cases involving wounds in extremities. The
presence or absence of a “suicide note” is a poor indicator of suicide or homicide.
1. Hanging – is a state of injury or death of the body whereby the ligature tightened
around the neck by the suspension of the body.
2. Strangulation
Strangulation by ligature is usually homicidal and is done by tying the ligature
around the neck and the two ends pulled in the opposite direction in such a manner that
tightens the ligature. Ligature used may be rope, chain, wires, vines, rolled clothing.
SUICIDES
1. By cut-throat
2. By puncturing the left breast
3. By gunshot
4. By hanging
5. By drowning
6. By poisoning
ACCIDENTAL DEATH
Is death which occurs beyond the sway of ones will and although it comes about
through some act of will, lies beyond the bounds of human forceable consequences.
ELECTROCUTION
41
Accidental Electrocution
1. Presence of high voltage wire at the scene of death.
2. Body surface injuries as probably site of entrance and exit of electric current.
3. Death develops suddenly as victim not able to get away from the place of
electrocution.
4. Absence of evidence to show suicidal or homicidal.
ROBBERY INVESTIGATION
Elements of Robbery
1. That there be personal property belonging to another;
2. That there is unlawful taking of that property;
3. That the taking must be with intent to gain; and
4. That there is violence against or intimidation of any person, or force upon
things.
Note: Robbery – This is the taking or personal property belonging to another, with intent to
gain, by means of violence against, or intimidation of any person, or using force upon
anything.
l. Develop informants in the local underworld who are aware of the activity of
robbery, particularly the activity of the semi-skilled amateur groups. (usually the
addict-robber)
m. Conduct a surveillance of likely fences and uncover and trace back stolen
property from its receiver to the robber.
n. Conduct surveillance of known burglars to ascertain if they are presently
committing robbery.
o. Accumulate information on various types of robber, the known and newcomers
whether they are in or out of prison, whether they are active.
p. Be alert on a modified modus operandi.
q. In cases where homicide is committed, follow the pattern of homicide
investigation.
Piracy – any attack upon or seizure of any vessel, or taking away of the whole or
part thereof or its cargo, equipment or the personal belonging of its complements or
passengers, irrespective of value thereof, by means of violence against or intimidation of
persons or force upon things, committed by any persons, including a passengers or
member of the compliments of said vessels in Philippine waters.
Highway Robbery/ Brigandage – the seizure of any person for ransom, extortion
or other unlawful purposes, or the taking away of the property of another by means of
violence against or intimidation of persons or force upon things of other unlawful means
committed by any person or any Philippine highway.
Cattle Rustling – Is the taking away by any means, methods or scheme, without
the consent of the owner/raiser, or any of the above animals (cow, carabao, horse, mule or
other domesticated member of the bovine family) whether or not for profit or gain, or
whether committed with or without violence against or intimidation of any person or force
upon things. It includes the killing of large cattle, or taking its meat or hide without the
consent of owner/raiser.
Elements:
1. That the offender is a private individual;
2. That the kidnaps or detains another, or in any other manner deprives the latter
of his liberty;
3. That the act of detention or kidnapping must be illegal;
4. That in the commission of the offense, any of the following circumstances is
present:
a. That the kidnapping of detention lasts for more than 3 days
b. That is committed simulating public authority
c. That any serious physical injuries are inflicted upon person kidnapped or
detained of threats to kill him are made; or
d. That the persons kidnapped is a minor, female, or a public officer.
Any private individual who shall kidnap or detain another, or in any other manner
deprives him of his liberty.
The perpetrator shall suffer the penalty of reclusion perpetua to death if:
1. The kidnapping or detention shall have lasted for more than five days.
2. Committed by simulating public authority.
3. Any serious physical injuries shall have been inflicted upon the person
kidnapped or detained or if threat to kill shall have been made.
4. The person kidnapped or detained shall be a minor, female or public officer.
The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above mentioned were present in the commission of the offense.
Phase I.
When a complaint is received, the family of the victim is requested to remain in
touch to accumulate information needed. The following types of information must be taken:
1. How the demand was made
2. Request the family to refrain from divulging the contents of the letter, note or call
to anyone except to the police authorities.
3. Emphasize the importance of news blackout as essential to the victim’s safety
4. Obtain and preserve the ransom note for laboratory examination.
5. Determine if the family intends to pay the ransom, investigators should avoid
giving the opinion as to ransom payments
6. Find ways and means to verify if the victim is still alive.
7. Conduct family background investigation
8. Conduct covert investigation of household helpers
9. Arrange for wiretapping operations in accordance with RA 4200
10. Establish possible motives
Phase II. After the victim has been returned or the body has been located.
After the victim has been returned dead or alive, the investigation changes, an all-
out investigation are conducted in accordance with the second objective, to identify and
apprehend the suspects. Investigative procedure includes:
1. Thorough interview of the victim. All details should be obtained.
3. Re interview all witnesses
4. Conduct surveillance
5. Determine whether the kidnapper is familiar with the victims, residential area,
habits and financial status.
6. If the victim is dead follow the pattern of homicide investigation
Name:
Section: Date:
Rating: Professor
46
1. Deals with the study of major crimes based on the application of special investigative
techniques.
a. Criminal investigation c. Special Crime investigation
b. Patrol investigation d. Traffic investigation
2.The official inquiry made by the police on the facts and circumstances surrounding the
death of a person which is expected to be criminal or unlawful.
a. Rape investigation c. Homicide Investigation
b. Robbery investigation d. Murder investigation
3. A man who suddenly casts upon the eyes of the victim and then stabs him to death is
liable for what offense?
a. Homicide c. Physical Injuries
b. Parricide d. Murder
5. The killing of father, mother or child whether’ legitimate or illegitimate; or any of his
ascendants, descendants or spouse.
a. Infanticide c. Homicide
b. Parricide d. Murder
6. In this kind of crime, the culprit receives the property from the victim out of deceit.
a. Robbery c. Estafa
b. Theft d. All of the above
8. The presence of empty shells at the scene of gun shooting indicates that the perpetrator
is?
a. Used a revolver
b. Used an automatic weapon or Pistol
c. Used a bladed weapon
d. All of the above
9. The following are the presumptive signs and tests for death, except …
a. Cessation of heart sound
b. Presence of breathing and respiratory movements
c. Loss of flushing on nail beds when pressure applied on the fingernails is
released
d. None of the above
12. The following will show that the gunshot wound is Homicidal, except..
a. Presence of suicide note
b. Signs of struggle / defense wounds maybe present in victim
c. There maybe disturbance of the surrounding on the account of the previous
struggle
d. Wounding firearm is not usually found at the scene of the crime
13. The following will prove that the gunshot wound is suicidal, except ..
a. Presence of suicide note
b. The fire is usually contact, as shown by the presence of burning, tattooing of
area around the gunshot wound
c. The presence of multiple gunshot wounds
d. Wounding weapon held tightly on the palm of the hand of the victim
14. If the cadaver is found with lividity on the lower surface, it can be concluded..
a. That the cadaver was moved after death
b. That it was the cadaver original position after death
c. Both A and B
d. None of the above
15. A man who entered the dwelling through an open window and took the gold wrist watch
placed atop the table is liable for ..
a. Trespassing c. Robbery
b. Theft d. Violation of Domicile
16. Instantaneous rigidity of the muscle of the body right after death.
a. Post mortem lividity
b. Cadaveric spasm
c. Rigor mortis
d. Suspended animation
18. Gradual stiffening of the muscles of the body from two to six hours after death
a. Post mortem lividityn c. Rigor mortis
b. Cadaveric spasm d. Suspended animation
19. Dark blue discoloration where blood has drained to the lowest level.
a. Cadaveric spasm c. Rigor mortis
b. b. Post mortem lividity d. Suspended animation
20. Non-fatal wounds sustained by the victim as he attempts to ward off the attacks.
a. Hesitation wounds c. Lacerated wounds
b. Defense wounds d. Puncture wounds
22. Taking personal property belonging to another, with intent to gain, without the
knowledge and consent of the owner, but without violence or intimidation of person or force
upon things.
a. Theft c. Estafa
b. Robbery d. Malicious Mischief
24. The taking of personal property belonging to another, with intent to gain, with violence
or intimidation upon person and force upon things.
a. Theft c. Estafa
b. Robbery d. Malicious Mischief
25. A type of robbery who worked at robbery as a trade and a source of income.
a. Amateur c. Unemployed
b. Professional d. Jack of all trades
28. An oral or written statement given by the victim of an impending death who died
afterward.
a. Deposition c. Dying declaration
b. Res gestae d. Affidavit
32. A man who engaged in a carnal knowledge with a deaf mute woman of legal age who
consented to the sexual act
a. Is liable for Lascivious Act
b. Is liable for Unjust Vexation
c. Is not liable for Rape since the woman consented to the act
d. Is liable for Rape under paragraph 1 of RA 8353
33. Act increasing the age for determining statutory rape. Law raises the age of sexual
consent from twelve (12) to below sixteen (16) years old
49
a. RA 11641 c. RA 11648
b. RA 11646 d. R4 11649
34. The law that provides assistance and protection for woman victim of Rape.
a. RA 8353 c. RA 7610
b. RA 8505 d. RA 9372
35. An act wherein some form of payment is obtained from a person to prevent disclosure
of information that would bring disgrace or ruin if made public; also known as extortion.
a.Swindling c. Coercion
b. Malicious Mischief d. Blackmail
36. Penetration made by man’s penis into the genital organ of a woman.
a. Lewd design c. Sexual orgy
b. Carnal knowledge d. None of the above
37. An injury characterized by the removal of the superficial epithelial layer of the skin
brought about by the friction against a hard rough surface.
a. Contusion c. Hematoma
b. Abrasion d. Incised wound
38. An injury found in the substance of the true skin with discoloration of the surface due to
the extravasation of blood.
a. Contusion c. Hematoma
b. Abrasion d. Incised wound
39. Produced by forcible contact on the body by a sharp instrument which is sharp edged.
a. Incised wound b. Stab wound
c. Puncture wound d. Lacerated wound
40. Wound produced by the forcible application of a sharp instrument which is sharp edged
and sharp pointed and penetrate human tissue to some extent.
a. Incised wound c. Puncture wound
b. Stab wound d. Lacerated wound
41. The tearing of the skin due to the forcible contact of a blunt instrument wherein the
edges are irregular and do not correspond to the wounding instrument.
a. Incised wound b. Stab wound
c. Puncture wound d. Lacerated wound
42. With cruelty, by deliberately augmenting the suffering of the victim or outraging or
scoffing at his person or corpse. This is one of the qualifying circumstances of;
a. Robbery c. Homicide
b. Murder d. Parricide
44. The conditions that must occur for an act to be called a specific kind of offense or crime.
a.Elements of crime c. Motive
b. Intent d. Opportunity
45. Vincent killed his adoptor after the rendition of judgment of the petition for adoption.
What was the crime committed by Vincent?
50
a. Parricide c. Homicide
b. Murder d. None of the above
CHAPTER FOUR
Elements of Murder:
1. With treachery taking advantage of superior strength, with the aid of armed men,
or employing means to weaken the defense or of means or persons to insure or
afford impunity.
2. Treachery - means that the offender party was not given the opportunity to make
a defense.
Penalty: The penalty provided in Parricide, Infanticide and Murder shall be imposed
Reclusion Perpetua
Elements of Homicide
1. That the person was killed.
52
Abortion
The killing of the fetus inside the womb. Under the RPC, abortion ordinarily means
the expulsion of the fetus before the 6th month or before the term of its viability, that
is, capable of sustaining life. But, as long as the fetus dies as a result of the
violence used or the drugs administered, the crime of abortion exists, even if the
fetus is full term.
Republic Act No. 11648, or the act increasing the age for determining statutory
rape, received the President Duterte signature on March 4, 2022. The long-awaited
law raises the age of sexual consent from twelve (12) to below sixteen (16) years
old.
Article 263 of RPC. Serious Physical Injuries – Any person who shall wound,
beat, or assault another, shall be guilty of the crime of serious physical injuries and
shall suffer:
4. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period, if the physical injuries inflicted shall have caused the illness or
incapacity for labor of the injured person for more than thirty days.
If the offense shall have been committed against any of the persons enumerated in
Article 246, or with attendance of any of the circumstances mentioned in Article 248,
the case covered by subdivision number 1 of this Article shall be punished by
reclusion temporal in its medium and maximum periods; the case covered by
54
The provisions of the preceding paragraph shall not be applicable to a parent who
shall inflict physical injuries upon his child by excessive chastisement.”
Elements of Robbery
1. That there must be personal property;
2. That personal property belonging to another;
3. That the taking must be with intent to gain;
4. That there is violence against or intimidation of any person, or force upon thing.
Theft – committed by any person who, with intent to gain but without violence
against or intimidation of persons nor force upon things, shall take personal property
of another without the latter’s consent
1. Having found lost property, shall fail to deliver the same to the local authorities or
to its owner;
2. After having maliciously damaged the property of another, shall remove or make
use of the fruits or object of the damage caused by him; and
55
The crime of Estafa or Swindling is punishable under Article 315 of the Revised Penal Code
(“RPC”) and there are different forms of committing it. Estafa can be committed a) with
unfaithfulness or abuse of confidence; b) by means of false pretenses or fraudulent acts;
and c) through fraudulent means.
The first form which is “with unfaithfulness or abuse of confidence” is known as estafa with
abuse of confidence, while the second form and third form, which are “by means of false
pretenses or fraudulent acts” and “through fraudulent means” are known simply as estafa
by means of deceit.
In general, case laws enumerate the elements of Estafa by means of deceit, as follows:
This article is focused on the discussion of estafa under Article 315, paragraph 2 (a) of the
RPC, which is covered by estafa by means of deceit. Accordingly, this crime of estafa is
defined and penalized by Article 315, paragraph 2 (a) of the Revised Penal Code, to wit.:
“Article 315. Swindling (estafa). Any person who shall defraud another by any of the means
mentioned herein below shall be punished by:
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
In this particular crime, three ways are enumerated to commit such, and they are:
56
Republic Act No. 10883, or otherwise known as the New Anti-Carnapping Act
of 2016 is a law which punishes carnapping in the Philippines. Amended the
Republic Act 6539 or the "Anti-Carnapping Act of 1972."
For purposes of knowing what carnapping is, one must be able to know what motor
vehicle is, in the first place. As defined under this law, motor vehicle refers to any
vehicle propelled by any power other than muscular power using the public
highways.
Note that the following are not embraced in the definition of a motor vehicle under
the law and thus cannot be the subject of carnapping, to wit:
RA 10883 punishes the crime of carnapping which refers to the taking, with intent to
gain, of a motor vehicle belonging to another without the latter’s consent, or by
means of violence against or intimidation of persons, or by using force upon things.
The Supreme Court has ruled in the case of People of the Philippines vs. Garcia
and Bernabe, G.R. No. 138470, 1 April 2003, that it does not matter if the person
from whom the motor vehicle was taken is not the owner thereof. What is simply
required is that the property taken does not belong to the offender.
Just like any other serious crime, any person who is found guilty of carnapping
shall, regardless of the value of the motor vehicle taken, be punished by
imprisonment.
Take note that when the owner, driver, or occupant of the carnapped motor vehicle
is killed or raped in the commission of the carnapping, the penalty of life
imprisonment shall be imposed.
Concealment of carnapping shall also be punishable under the new law. Any
person guilty of concealment of carnapping shall be imprisoned for six (6) years up
to twelve (12) years and fined equal to the amount of the acquisition cost of the
motor vehicle, motor vehicle engine, or any other part involved in the violation.
If the person violating any provision of this Act is a juridical person, the penalty
shall be imposed on its president, secretary, and/or members of the board of
directors or any of its officers and employees who may have directly participated in
the violation.
Foreign nationals convicted under the provisions of this Act shall be deported
immediately after service of sentence without further proceedings by the Bureau of
Immigration.
Is carnapping bailable?
The right to bail can be availed of provided the evidence of guilt is not strong. Bail
shall be denied when the evidence of guilt is strong in the following instances:
Any person who voluntarily gives information leading to the recovery of carnapped
vehicles and for the apprehension of the persons charged with carnapping shall be
given monetary reward as the PNP may determine. Any information given by
informers shall be treated as confidential matter.
58
Presidential Decree no. 1613 Amending the Law on Arson March 7, 1979
WHEREAS, the current law on arson suffers from certain inadequacies that impede
the successful enforcement and prosecution of arsonists;
WHEREAS, it is imperative that the high incidence of fires and other crimes
involving destruction be prevented to protect the national economy and preserve the
social, economic and political stability of the country;
Section 1. Arson. Any person who burns or sets fire to the property of another shall
be punished by Prision Mayor.(6 months to 1 day to 6 years).
The same penalty shall be imposed when a person sets fire to his own property
under circumstances which expose to danger the life or property of another.
2. Any archive, museum, whether public or private, or any edifice devoted to culture,
education or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings.
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo
grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
4. If committed by a syndicate.
1. If the fire started simultaneously in more than one part of the building or
establishment.
4. If the building or property is insured for substantially more than its actual value at
the time of the issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires
have occurred in the same or other premises owned or under the control of the
offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in
a building or property had been withdrawn from the premises except in the ordinary
course of business.
6. If a demand for money or other valuable consideration was made before the fire
in exchange for the desistance of the offender or for the safety of the person or
property of the victim.
Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen
hundred and seventy-nine.
Any private individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.
3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.
The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.
The penalty of reclusion temporal shall be imposed upon any private individual who
shall commit the crimes described in the next preceding article without the
attendance of any of circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime.
If the offender shall voluntarily release the person so kidnapped or detained within
three days from the commencement of the detention, without having attained the
purpose intended, and before the institution of criminal proceedings against him, the
penalty shall be prision mayor (6 months of 6 years) in its minimum and medium
periods and a fine not exceeding seven hundred pesos.
62
Name:
Section: Date:
Rating: Professor
Chapter Activity
Instruction: Draft or write your own Affidavit by following the different formats in the
discussions.
1. Juan, Pedro, and Jose devised and conspired to kill Damian. However, they were
not able to do it and, instead, just let it go. Are they liable for any crime?
a. Yes, because Juan, Pedro, and Jose’s mind are criminal and they should
be punished.
b. No, conspiracy and proposal to commit homicide are not punishable.
c. Yes, because they have a criminal propensity to kill.
d. Yes, but only conspiracy to commit homicide.
2. When the offender commits any of the crimes against persons, employing
means, methods, or forms in the execution thereof which tend directly and
especially to insure its execution thereof which tend directly and specially to insure
its execution, without risk to himself arising from the defense which the offended
party might make is an aggravating circumstance of ___________________.
a. Evident premeditation c. Abuse of superior strength
b. Treachery d. Crime committed during nighttime
3. X and Y are living together as husband and wife without the benefit of marriage.
They have a son Z. X, the father, killed Y and Z. What is the crime committed by X
against Y?
a. Parricide c. Homicide
b. Infanticide d. Murder
4. In the same problem above and as against Z, the son, what is the crime
committed by X?
a. Parricide c. Homicide
b. Infanticide d. Murder
5. Z is less than 3 days old when he was killed by X, his neighbor, what crime is
committed by the father?
a. Parricide c. Homicide
b. Infanticide d. Murder
6. X pointed a knife at Y and divested him of his cell phone and wallet. X turned and
ran whereupon Y chased him so X stabbed and killed Y. What is the crime
committed by X?
a. Robbery with homicide c. Robbery and homicide
63
7. X is a campus personality in SLSU because of his good look. Envious with X’s
looks, Y threw acid on the face of X. Because of what Y did, X face was disfigured
and deformed. However, because of plastic surgery, X becomes more handsome
and good looking than before the injury. What crime was committed?
a. Serious Physical Injuries c. Mutilation
b. Less Serious Physical Injuries d. Frustrated Murder
A pretty woman was forcibly taken by X and transported from one place to another.
Questions:
8. Suppose the intention of X of taking the woman is to rape her and along the way,
X started kissing and touching the woman, what is the crime committed?
a. Forcible Abduction c. Attempted Rape
b. Acts of lasciviousness d. Kidnapping
9. Suppose after reaching the destination, the woman was raped by X, what is the
crime committed?
a. Forcible Abduction c. Rape
b. Forcible Abduction with Rape d. Kidnapping
10. Suppose the intention of X is merely to demand ransom, what is the crime
committed?
a. Forcible Abduction c. Grave Coercion
b. Kidnapping d. Grave Threats
11. Suppose the intention of X is merely to kidnap the woman and demand ransom
with the family of the woman but later, she was raped by X, what is the crime
committed?
a. Forcible Abduction with Rape c. Kidnapping with rape
b. Grave Coercion with rape d. Grave Threats with rape
12. Suppose the intention of X is merely to kidnap the woman and demand ransom
but was raped later and killed by X because the parents did not have the money,
what is the crime committed by X?
a. Forcible Abduction with Homicide c. Kidnapping with Homicide
b. Grave Coercion with Homicide d. Grave Threats with Homicide
13. Tanggol, with evident premeditation and treachery killed his father.
What was the crime committed?
A. Murder C. Parricide
B. Homicide D. Qualified Homicide
14. Police Corporal Dimagiba entered the dwelling of Rendon against the latter’s will
on suspicion that Rendon keep unlicensed firearms in his home. What was the
crime committed by Police Corporal Dimagiba?
a. Trespass to Dwelling c. Violation of Domicile
b. Usurpation of Authority d. Forcible Trespassing
64
17. Felony committed when a person compels another by means of force, violence
or intimidation to do something against his will, whether right or wrong.
a. Grave Threat c. Grave Coercion
b. Direct Assault d. Slander by Deed
18. The unauthorized act of a public officer who compels another person to change
his residence.
a. Violation of Domicile c. Arbitrary Detention
b. Expulsion d. Direct Assault
19. The deprivation of a private person of the liberty of another person without legal
grounds.
a. Illegal Detention c. Arbitrary Detention
b. Forcible Abduction d. Forcible Detention
20. Felony committed when a person compels another by means of force, violence
or intimidation to do something against his will, whether right or wrong.
a. Grave Threat c. Grave Coercion
b. Direct Assault d. Slander by Deed
65
CHAPTER FIVE
Learning Objectives
At the end of this course, the practitioners and students will be able to:
What is an Affidavit?
It is either the personal knowledge of the affiant or his/her information and belief or although
not based on their personal perspective, the affiant states only what he/she feels they can
state as true.
It is a sworn statement a person makes before a notary or officer of the court outside of the
court asserting that certain facts are true to the best of that person's knowledge. Affidavits
by both plaintiff/prosecution and defense witnesses are usually collected in preparation for
a trial.
Affidavit of Arrest - is generally filled out by the arresting officer and states the facts and
circumstances surrounding an arrest.
Complaint Affidavit - is a sworn statement prepared by someone who wishes to file a legal
complaint.
Affidavit of Witness/es - An affidavit is a written statement made under oath by a witness
or party to a complaint.
The incident report also called accident investigation - is a structured process used to
report, track, and find the cause of incidents, involving a formal strategy to investigate the
incident, document the investigation, track progress, and analyze investigation data to
identify and control for repeat incidents
Sketchy report - Is like Spot Report but not detailed or complete. sketchy
details/information/reports. Not finished and is incomplete.
Special Report - are done either because one feels he has some reporting to do or a lower
police unit or office is obligated based on the directives or instruction from the higher police
offices.
Investigation Report - is complete when it answers the six interrogatives of police report
writing- the 5W’s and 1H. it also provides brief, the sworn statements executed by the
individuals having an interest in the case being investigated.
02. Said operation stemmed from the complaint of _____________ for violation of
______________________________________ which was referred to our office by the
______________________________ against _____________________, (age), (civil
status), (nationality) and residing at No. __________________________,
__________________;
03. On the complaint dated _______________, (state the act and the crime
committed).
04. Upon receipt of their said complaint, our office planned out an entrapment
operation against the suspect. At about ______________ of ______________, the
undersigned together with the complainant proceeded at the pre-arranged pay off
_________________________ located along ____________________________,
__________ to give the money being asked by the respondent;
05. Upon arrival thereat, complainants waited for the suspect to arrive while we the
undersigned seated near the table of the complainants. At about ________, suspect arrived
and approached the complainants and after few conversation, complainants handed over
the marked money to the suspect that minutes of prompted the undersigned to immediately
effect arrest;
06. Seized and recovered in the possession and control of the arrested person were
the following, to wit:
07. Suspect together with the seized and recovered evidence was brought to the
___________________________________, ____________, ___________ for booking
68
and proper disposition. Likewise, the arrested person was apprised of their rights as
provided for under the Constitution of the Philippines.
08. The report of the PNP Crime Laboratory Group Physical Identification Report
No. ___________ dated __________, revealed that suspect ______________________
was POSITIVE for the presence of Bright Yellow Ultraviolet Fluorescent powder on both
palm and right dorsal portion of the hands.
We executed this joint affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against _______________________________ for
violations of ________________________.
_______________________________ ____________________________
Affiant Affiant
_____________________
Administering Officer
69
-versus- For
_________________________ _________________________
Respondent
x------------------------------------------x
DEPOSITION OF WITNESSES
Q- Do you have personal knowledge that in said premises the following properties are being
kept, being used or intended to be used without proper documents, to wit: _______________
A-
Q- Do you know who is or who is the person or persons who have or have control of him above-
described properties?
A-
Q. How did you know that the said properties are kept in his/her premises which are subject of
the offense?
A- We conducted discreet surveillance and it was confirmed that ________________ is keeping
___________________ in his/her premises/ residence.
__________________________ __________________________
Affiant Affiant
_________________________
Judge
70
Sample of Complaint
vs
Accused
x--------------------------------x
COMPLAINT
Contrary to law.
____________________________
Chief of Police of ______________
________________________
JUDGE
71
AFFIDAVIT OF WITNESS
01. I was present and personally saw that accused, __________, committed the
crime of ___________________________ against the victim _______________;
02. (State other circumstances and the relation either to the victim or accused or
both);
03. (State the details of the acts committed by the accused against the victim.
04. (State the acts done by the witness and the reason thereof);
I executed this affidavit to attest the truthfulness of the foregoing facts and to
support the filing of Criminal Cases against _______________________________ for
violations of ________________________.
_______________________________
Affiant
_____________________
Notary Public
72
Name:
Section: Date:
Rating: Professor
Chapter Activity
Instruction: Draft or write your own Affidavit by following the different format in the
discussions.
2. Deposition of Witness,
3. Complaint, and
4. Affidavit of Witness.
73
APPENDICES
WHEREAS, there is now a need to increase their penalties to make them more
effective in combating this social menace which dissipate the energy and resources
of our people;
(a) The penalty of prison correccional in its medium period of a fine ranging from
one thousand to six thousand pesos, and in case of recidivism, the penalty of
prision mayor in its medium period or a fine ranging from five thousand to ten
thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections who in
any manner, shall directly or indirectly take part in any illegal or unauthorized
activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie
operations and game fixing, numbers, bingo and other forms of lotteries; cara y
cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine,
poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card
games; paik que, high and low, mahjong, domino and other games using plastic
tiles and the likes; slot machines, roulette, pinball and other mechanical
contraptions and devices; dog racing, boat racing, car racing and other forms of
races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual
or team contests to include game fixing, point shaving and other machinations;
banking or percentage game, or any other game scheme, whether upon chance or
skill, wherein wagers consisting of money, articles of value or representative of
value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subparagraph to be carried on in inhabited or uninhabited place or in any
74
(b) The penalty of prision correccional in its maximum period or a fine of six
thousand pesos shall be imposed upon the maintainer or conductor of the above
gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute
disqualification or a fine of six thousand pesos shall be imposed if the maintainer,
conductor or banker of said gambling schemes is a government official, or where
such government official is the player, promoter, referee, umpire, judge or coach in
case of game fixing, point shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from
four hundred to two thousand pesos shall be imposed upon any person who shall,
knowingly and without lawful purpose in any hour of any day, possess any lottery
list, paper or other matter containing letters, figures, signs or symbols pertaining to
or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which have taken place or about to take
place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any
barangay official who, with knowledge of the existence of a gambling house or place
in his jurisdiction fails to abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from
five hundred pesos to two thousand pesos shall be imposed upon any security
officer, security guard, watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of a gambling place or
where gambling activities are being held.
Section 2. Informer’s reward. Any person who shall disclose information that will
lead to the arrest and final conviction of the malfactor shall be rewarded twenty
percent of the cash money or articles of value confiscated or forfeited in favor of the
government.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen
hundred and seventy-eight.
75
Section 1. Declaration of Policy. - It is the policy of the State to promote a just and
dynamic social order that will ensure the prosperity and independence of the nation
and free the people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an improved
quality of life for all. It is likewise the policy of the State that the promotion of social
justice shall include the commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Hence, the State hereby condemns the existence of illegal gambling activities such
as illegal numbers games as this has become an influential factor in an individual's
disregard for the value of dignified work, perseverance and thrift since instant
monetary gains from it are being equated to success, thereby becoming a
widespread social menace and a source of corruption.
Towards this end, the State shall therefore adopt more stringent measures to stop
and eradicate the existence of illegal numbers games in any part of the country.
Sec. 2. Definition of Terms. - As used in this Act, the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling activity which uses numbers
or combinations thereof as factors in giving out jackpots.
d) Last Two. - An illegal numbers game where the winning combination is derived
from the last two (2) numbers of the first prize of the winning Sweepstakes ticket
which comes out during the weekly draw of the Philippine Charity Sweepstakes
Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any person who places bets
for himself/herself or in behalf of another person, or any person, other than the
personnel or staff of any illegal numbers game operation.
76
f) Personnel or Staff of Illegal Numbers Game Operation. - Any person, who acts in
the interest of the maintainer, manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager, usher, watcher, or any
other personnel performing such similar functions in a building structure, vessel,
vehicle, or any other place where an illegal numbers game is operated or
conducted.
j) Financiers or Capitalist. - Any person who finances the operations of any illegal
numbers game.
Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game
shall suffer the following penalties:
a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such
person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years,
if such person acts as a personnel or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who allows his vehicle,
house, building or land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10)
years, if such person acts as a collector or agent;
d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12)
years, if such person acts as a coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen
(16) years, if such person acts as a financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty
(20) years, if such person acts as protector or coddler.
77
b) In the case of failure to apprehend perpetrators of any illegal numbers game, any
law enforcer shall suffer an administrative penalty of suspension or dismissal, as the
case may be, to be imposed by the appropriate authority.
Sec. 7. Recidivism. - The penalty next higher in degree as provided for under
Section 3 hereof shall be imposed upon a recidivist who commits any of the
offenses punishable in this Act.
Sec. 8. Immunity from Prosecution. - Any person who serves as a witness for the
government or provides evidence in a criminal case involving any violation of this
Act, or who voluntarily or by virtue of a subpoena testificandum or duces tecum,
produces, identifies, or gives testimony shall be immune from any criminal
prosecution, subject to the compliance with the provisions of Presidential Decree
No. 1732, otherwise known as Decree Providing Immunity from Criminal
Prosecution to Government Witnesses and the pertinent provisions of the Rules of
Court.
During the pendency of the case, no property or income used or derived therefrom
which may be confiscated and forfeited shall be disposed, alienated or transferred
and the same shall be in custodia legis and no bond shall be admitted for the
release of the same.
The trial prosecutors shall avail of provisional remedies provided for under the
Revised Rules on Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and other instruments of the
crime including any real or personal property used in any illegal numbers game
operation shall be confiscated and forfeited in favor of the State. All assets and
properties of the accused either owned or held by him/her in his/her name or in the
name of another person found to be manifestly out of proportion to his/her lawful
income shall be prima facie presumed to be proceeds of the offense and shall
likewise be confiscated and forfeited in favor of the State.
The DILG, the NAPOLCOM and the DOJ shall provide for a system of rewards and
incentives for law enforcement officers and for local government official for the
effective implementation of this Act.
Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from the
effectivity of this Act, the DILG, DOJ, NAPOLCOM, and other concerned
government agencies shall jointly promulgate the implementing rules and
regulations, as may be necessary to ensure the efficient and effective
implementation of the provisions of this Act.
Sec. 13. Separability Clause. - If for any reason any section or provision of this Act,
or any portion thereof, or the application of such section, provision or portion thereof
to any person, group or circumstance is declared invalid or unconstitutional, the
remaining provisions of this Act shall not be affected by such declaration and shall
remain in force and effect.
Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.
Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive
Dangerous Drugs Act of 2002".
Toward this end, the government shall pursue an intensive and unrelenting
campaign against the trafficking and use of dangerous drugs and other similar
substances through an integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs, and projects. The government
shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with
adequate amounts of appropriate medications, which include the use of dangerous
drugs.
ARTICLE I
Definition of terms
Section 3. Definitions. As used in this Act, the following terms shall mean:
(a) Administer. – Any act of introducing any dangerous drug into the body of any
person, with or without his/her knowledge, by injection, inhalation, ingestion or other
means, or of committing any act of indispensable assistance to a person in
administering a dangerous drug to himself/herself unless administered by a duly
licensed practitioner for purposes of medication.
80
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of
this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents
referred to in Section 34, Article VIII of this Act.
(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more specific which will validate and
confirm the result of the screening test.
(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables
I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached annex, which is an integral
part of this Act.
(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961
Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of this Act.
(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally
or otherwise, and by any means, with or without consideration.
(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
81
(m) Dispense. – Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.
(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or
joining together with the intention of committing any offense prescribed under this
Act.
(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout,
and other persons working in the den, dive or resort, employed by the maintainer,
owner and/or operator where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, distributed, sold or used, with or
without compensation, in connection with the operation thereof.
(q) Financier. – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.
(s) Instrument. – Any thing that is used in or intended to be used in any manner in
the commission of illegal drug trafficking or related offenses.
(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations in which opium,
morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium
poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or
not.
(z) Opium Poppy. – Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver
bracteatum and Papaver rhoeas, which includes the seeds, straws, branches,
leaves or any part thereof, or substances derived therefrom, even for floral,
decorative and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82,
Article IX of this Act.
(bb) Person. – Any entity, natural or juridical, including among others, a corporation,
partnership, trust or estate, joint stock company, association, syndicate, joint
venture or other unincorporated organization or group capable of acquiring rights or
entering into obligations.
(cc) Planting of Evidence. – The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through
any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act.
(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her influence, power or position in
83
(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes, dispatches in transit
or transports dangerous drugs or who acts as a broker in any of such transactions,
in violation of this Act.
(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor
and essential chemical whether for money or any other consideration.
(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or
controlled precursors and essential chemicals using electronic devices such as, but
not limited to, text messages, email, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a broker in any of such
transactions whether for money or any other consideration in violation of this Act.
ARTICLE II
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import any controlled
precursor and essential chemical.
84
The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic facilities or any other means
involving his/her official status intended to facilitate the unlawful entry of the same.
In addition, the diplomatic passport shall be confiscated and canceled.
The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such
transactions.
For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person or group of persons who shall maintain a den, dive, or resort
where any controlled precursor and essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every
case where any dangerous drug is administered, delivered or sold to a minor who is
allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the penalty of death and a fine ranging from
One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be
imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated
and escheated in favor of the government: Provided, That the criminal complaint
shall specifically allege that such place is intentionally used in the furtherance of the
crime: Provided, further, That the prosecution shall prove such intent on the part of
the owner to use the property for such purpose: Provided, finally, That the owner
shall be included as an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person, who
acts as a "protector/coddler" of any violator of the provisions under this Section.
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the
same
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall manufacture any controlled
precursor and essential chemical.
(a) Any phase of the manufacturing process was conducted in the presence or with
the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations;
or
The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.
87
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or
otherwise introduce into the human body a dangerous drug in violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any
person, who uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than
fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a
fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5)
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements; or three hundred (300)
grams or more but less than five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than
five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu",
or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA,
TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.
The land or portions thereof and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the State,
unless the owner thereof can prove lack of knowledge of such cultivation or culture
despite the exercise of due diligence on his/her part. If the land involved is part of
90
the public domain, the maximum penalty provided for under this Section shall be
imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this
Section.
plants which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived
from the unlawful act, including, but not limited to, money and other assets obtained
thereby, and the instruments or tools with which the particular unlawful act was
committed, unless they are the property of a third person not liable for the unlawful
act, but those which are not of lawful commerce shall be ordered destroyed without
delay pursuant to the provisions of Section 21 of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all
the proceeds of the offense and all the assets and properties of the accused either
owned or held by him or in the name of some other persons if the same shall be
found to be manifestly out of proportion to his/her lawful income: Provided, however,
That if the forfeited property is a vehicle, the same shall be auctioned off not later
than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed,
alienated or transferred and the same shall be in custodia legis and no bond shall
be admitted for the release of the same.
(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy
thereof;
(3) A certification of the forensic laboratory examination results, which shall be done
under oath by the forensic laboratory examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject item/s: Provided, That when the volume of
the dangerous drugs, plant sources of dangerous drugs, and controlled precursors
and essential chemicals does not allow the completion of testing within the time
frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued on the
completed forensic laboratory examination on the same within the next twenty-four
(24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two (72)
hours, conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-four (24) hours thereafter
proceed with the destruction or burning of the same, in the presence of the accused
or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s which
shall be borne by the offender: Provided, That those item/s of lawful commerce, as
determined by the Board, shall be donated, used or recycled for legitimate
purposes: Provided, further, That a representative sample, duly weighed and
recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial prosecutor
shall inform the Board of the final termination of the case and, in turn, shall request
the court for leave to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours from receipt of the
same; and
93
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this
Act, dangerous drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and
the accused/and or his/her counsel, and, b) Pending the organization of the PDEA,
the custody, disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be implemented by the DOH.
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any
form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and
Any elective local or national official found to have benefited from the proceeds of
the trafficking of dangerous drugs as prescribed in this Act, or have received any
financial or material contributions or donations from natural or juridical persons
found guilty of trafficking dangerous drugs as prescribed in this Act, shall be
removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or –controlled corporations.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is found
guilty of "planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the penalty of death.
The penalty provided for the offense under this Act shall be imposed upon the
partner, president, director, manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft,
equipment or other facility, as an instrument in the importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or manufacture of
dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment
or other instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are affiliated.
(1) The information and testimony are necessary for the conviction of the persons
described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving
moral turpitude, except when there is no other direct evidence available for the
State other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any
condition or undertaking, reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness
who does not appear to be most guilty for the offense with reference to which
his/her information or testimony were given: Provided, finally, That there is no direct
evidence available for the State except for the information and testimony of the said
informant or witness.
In case an informant or witness under this Act fails or refuses to testify without just
cause, and when lawfully obliged to do so, or should he/she violate any condition
accompanying such immunity as provided above, his/her immunity shall be
removed and he/she shall likewise be subject to contempt and/or criminal
prosecution, as the case may be, and the enjoyment of all rights and benefits
previously accorded him under this Act or in any other law, decree or order shall be
deemed terminated.
In case the informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of the provisions
under Article VIII of this Act.
ARTICLE III
(a) Applicants for driver's license. – No driver's license shall be issued or renewed
to any person unless he/she presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of
residence. – All applicants for firearm's license and permit to carry firearms outside
of residence shall undergo a mandatory drug test to ensure that they are free from
the use of dangerous drugs: Provided, That all persons who by the nature of their
profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. – Students of secondary and tertiary
schools shall, pursuant to the related rules and regulations as contained in the
school's student handbook and with notice to the parents, undergo a random drug
97
(d) Officers and employees of public and private offices. – Officers and employees
of public and private offices, whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the company's work rules and
regulations, which shall be borne by the employer, for purposes of reducing the risk
in the workplace. Any officer or employee found positive for use of dangerous drugs
shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent
provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement
agencies. – Officers and members of the military, police and other law enforcement
agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense having
an imposable penalty of imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the national
or local government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive
for dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
without prejudice for the prosecution for other violations of the provisions of this
Act: Provided, That a positive screening laboratory test must be confirmed for it to
be valid in a court of law.
Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall
be tasked to license and accredit drug testing centers in each province and city in
order to assure their capacity, competence, integrity and stability to conduct the
laboratory examinations and tests provided in this Article, and appoint such
technical and other personnel as may be necessary for the effective implementation
of this provision. The DOH shall also accredit physicians who shall conduct the drug
dependency examination of a drug dependent as well as the after-care and follow-
up program for the said drug dependent. There shall be a control regulations,
licensing and accreditation division under the supervision of the DOH for this
purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing
centers in government hospitals, which must be provided at least with basic
technologically advanced equipment and materials, in order to conduct the
laboratory examination and tests herein provided, and appoint such qualified and
duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.
(2) Name, address and license of the manufacturer, importer or wholesaler from
whom the dangerous drugs have been purchased;
(5) Name, address and community tax certificate number of the buyer;
(6) Serial number of the prescription and the name of the physician, dentist,
veterinarian or practitioner issuing the same;
(7) Quantity and name of the dangerous drugs sold or delivered; and
A certified true copy of such record covering a period of six (6) months, duly signed
by the pharmacist or the owner of the drugstore, pharmacy or chemical
99
establishment, shall be forwarded to the Board within fifteen (15) days following the
last day of June and December of each year, with a copy thereof furnished the city
or municipal health officer concerned.
ARTICLE IV
Section 41. Involvement of the Family. – The family being the basic unit of the
Filipino society shall be primarily responsible for the education and awareness of
the members of the family on the ill effects of dangerous drugs and close monitoring
of family members who may be susceptible to drug abuse.
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the
family, the school and the community;
(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the
importance and safety of dangerous drugs for medical and therapeutic use as well
as the differentiation between medical patients and drug dependents in order to
avoid confusion and accidental stigmatization in the consciousness of the students.
Any teacher or school employee, who discovers or finds that any person in the
school or within its immediate vicinity is liable for violating any of said provisions,
shall have the duty to report the same to the school head or immediate superior
who shall, in turn, report the matter to the proper authorities.
Failure to do so in either case, within a reasonable period from the time of discovery
of the violation shall, after due hearing, constitute sufficient cause for disciplinary
action by the school authorities.
Section 46. Special Drug Education Center. – With the assistance of the Board, the
Department of the Interior and Local Government (DILG), the National Youth
Commission (NYC), and the Department of Social Welfare and Development
(DSWD) shall establish in each of its provincial office a special education drug
center for out-of-school youth and street children. Such Center which shall be
headed by the Provincial Social. Welfare Development Officer shall sponsor drug
prevention programs and activities and information campaigns with the end in view
of educating the out-of-school youth and street children regarding the pernicious
effects of drug abuse. The programs initiated by the Center shall likewise be
adopted in all public and private orphanage and existing special centers for street
children.
ARTICLE V
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. – All labor unions,
federations, associations, or organizations in cooperation with the respective private
sector partners shall include in their collective bargaining or any similar agreements,
joint continuing programs and information campaigns for the laborers similar to the
programs provided under Section 47 of this Act with the end in view of achieving a
drug free workplace.
Section 50. Government Assistance. – The labor sector and the respective partners
may, in pursuit of the programs mentioned in the preceding Section, secure the
technical assistance, such as but not limited to, seminars and information
dissemination campaigns of the appropriate government and law enforcement
agencies.
102
ARTICLE VII
(2) any employee, officer, or resident of the city or municipality may bring a
complaint before the Board after giving not less than three (3) days written notice of
such complaint to the owner of the place or premises at his/her last known address;
and
(3) After hearing in which the Board may consider any evidence, including evidence
of the general reputation of the place or premises, and at which the owner of the
premises shall have an opportunity to present evidence in his/her defense, the
Board may declare the place or premises to be a public nuisance.
An order entered under this Section shall expire after one (1) year or at such earlier
time as stated in the order. The Board may bring a complaint seeking a permanent
injunction against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil Code
against any public nuisance.
ARTICLE VIII
Confinement in a Center for treatment and rehabilitation shall not exceed one (1)
year, after which time the Court, as well as the Board, shall be apprised by the head
of the treatment and rehabilitation center of the status of said drug dependent and
determine whether further confinement will be for the welfare of the drug dependent
and his/her family or the community.
Section 55. Exemption from the Criminal Liability Under the Voluntary Submission
Program. A drug dependent under the voluntary submission program, who is finally
discharged from confinement, shall be exempt from the criminal liability under
Section 15 of this act subject to the following conditions:
(1) He/she has complied with the rules and regulations of the center, the applicable
rules and regulations of the Board, including the after-care and follow-up program
for at least eighteen (18) months following temporary discharge from confinement in
the Center or, in the case of a dependent placed under the care of the DOH-
accredited physician, the after-care program and follow-up schedule formulated by
the DSWD and approved by the Board: Provided, That capability-building of local
government social workers shall be undertaken by the DSWD;
(2) He/she has never been charged or convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended;
the Revised Penal Code, as amended; or any special penal laws;
(3) He/she has no record of escape from a Center: Provided, That had he/she
escaped, he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, within one
(1) week from the date of the said escape; and
If during the period of after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the Court, subject to the provisions of
104
Section 55 of this Act, without prejudice to the outcome of any pending case filed in
court.
However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the drug dependent requires further treatment
and rehabilitation in the Center, he/she shall be recommitted to the Center for
confinement. Thereafter, he/she may again be certified for temporary release and
ordered released for another after-care and follow-up program pursuant to this
Section.
Such drug dependent shall undergo community service as part of his/her after-care
and follow-up program, which may be done in coordination with nongovernmental
civil organizations accredited by the DSWD, with the recommendation of the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1)
week, the Board shall apply to the court for a recommitment order upon proof of
previous commitment or his/her voluntary submission by the Board, the court may
issue an order for recommitment within one (1) week.
program shall be confidential and shall not be used against him for any purpose,
except to determine how many times, by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth degree of consanguinity or affinity,
he/she voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this program.
After the petition is filed, the court, by an order, shall immediately fix a date for the
hearing, and a copy of such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug
dependent to be examined by two (2) physicians accredited by the Board. If both
physicians conclude that the respondent is not a drug dependent, the court shall
order his/her discharge. If either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant evidence which may be offered. If
the court finds him a drug dependent, it shall issue an order for his/her commitment
to a treatment and rehabilitation center under the supervision of the DOH. In any
event, the order of discharge or order of confinement or commitment shall be issued
not later than fifteen (15) days from the filing of the appropriate petition.
In the event he Board determines, after medical examination, that public interest
requires that such drug dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his/her commitment with the regional trial
court of the province or city where he/she is being investigated or tried: Provided,
That where a criminal case is pending in court, such petition shall be filed in the said
court. The court shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug dependent, it
shall order his/her commitment to a Center for treatment and rehabilitation. The
head of said Center shall submit to the court every four (4) months, or as often as
the court may require, a written report on the progress of the treatment. If the
106
dependent is rehabilitated, as certified by the center and the Board, he/she shall be
returned to the court, which committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be instituted
or shall continue, as the case may be. In case of conviction, the judgment shall, if
the accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he/she shall be given full credit for the
period he/she was confined in the Center: Provided, however, That when the
offense is for violation of Section 15 of this Act and the accused is not a recidivist,
the penalty thereof shall be deemed to have been served in the Center upon his/her
release therefrom after certification by the Center and the Board that he/she is
rehabilitated.
Upon certification of the Center that he/she may temporarily be discharged from the
said Center, the court shall order his/her release on condition that he/she shall
report to the Board through the DOH for after-care and follow-up treatment for a
period not exceeding eighteen (18) months under such terms and conditions as
may be imposed by the Board.
If at anytime during the after-care and follow-up period, the Board certifies to his/her
complete rehabilitation, the court shall order his/her final discharge from
confinement and order for the immediate resumption of the trial of the case for
which he/she is originally charged. Should the Board through the DOH find at
anytime during the after-care and follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by the
Board escape therefrom, he/she may resubmit himself/herself for confinement
within one (1) week from the date of his/her escape; or his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity may, within
the same period, surrender him for recommitment. If, however, the drug dependent
does not resubmit himself/herself for confinement or he/she is not surrendered for
recommitment, the Board may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment, the court shall issue an
order for recommitment. If, subsequent to such recommitment, he/she should
escape again, he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.
A drug dependent committed under this particular Section who is finally discharged
from confinement shall be exempt from criminal liability under Section 15 of this Act,
without prejudice to the outcome of any pending case filed in court. On the other
hand, a drug dependent who is not rehabilitated after a second commitment to the
Center shall, upon conviction by the appropriate court, suffer the same penalties
107
provided for under Section 15 of this Act again without prejudice to the outcome of
any pending case filed in court.
Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the
provincial or the city prosecutor or their assistants or state prosecutors to prepare
the appropriate petition in all proceedings arising from this Act.
(a) He/she has not been previously convicted of violating any provision of this Act,
or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code;
or of any special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOH-
accredited physician; and
While under suspended sentence, he/she shall be under the supervision and
rehabilitative surveillance of the Board, under such conditions that the court may
impose for a period ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under
suspended sentence to a Center, or to the care of a DOH-accredited physician for
at least six (6) months, with after-care and follow-up program for not more than
eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission
of any offense penalized under this Act, Article 192 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code, as amended by Presidential
Decree No. 1179 shall apply, without prejudice to the application of the provisions of
this Section.
Upon the dismissal of the proceedings against the accused, the court shall enter an
order to expunge all official records, other than the confidential record to be retained
by the DOJ relating to the case. Such an order, which shall be kept confidential,
shall restore the accused to his/her status prior to the case. He/she shall not be held
thereafter to be guilty of perjury or of concealment or misrepresentation by reason
of his/her failure to acknowledge the case or recite any fact related thereto in
response to any inquiry made of him for any purpose.
The community service shall be complied with under conditions, time and place as
may be determined by the court in its discretion and upon the recommendation of
the Board and shall apply only to violators of Section 15 of this Act. The completion
of the community service shall be under the supervision and rehabilitative
surveillance of the Board during the period required by the court. Thereafter, the
Board shall render a report on the manner of compliance of said community service.
The court in its discretion may require extension of the community service or order a
final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60
and 64 of this Act.
109
If the sentence promulgated by the court requires imprisonment, the period spent in
the Center by the accused during the suspended sentence period shall be deducted
from the sentence to be served.
Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep
a confidential record of the proceedings on suspension of sentence and shall not be
used for any purpose other than to determine whether or not a person accused
under this Act is a first-time minor offender.
(1) Oversee the monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and activities
as well as the establishment, operations, maintenance and management of
privately-owned drug treatment rehabilitation centers and drug testing networks and
laboratories throughout the country in coordination with the DSWD and other
agencies;
(2) License, accredit, establish and maintain drug test network and laboratory,
initiate, conduct and support scientific research on drugs and drug control;
(3) Encourage, assist and accredit private centers, promulgate rules and regulations
setting minimum standards for their accreditation to assure their competence,
integrity and stability;
(4) Prescribe and promulgate rules and regulations governing the establishment of
such Centers as it may deem necessary after conducting a feasibility study thereof;
(5) The DOH shall, without prejudice to the criminal prosecution of those found
guilty of violating this Act, order the closure of a Center for treatment and
rehabilitation of drug dependency when, after investigation it is found guilty of
violating the provisions of this Act or regulations issued by the Board; and
(6) Charge reasonable fees for drug dependency examinations, other medical and
legal services provided to the public, which shall accrue to the Board. All income
derived from these sources shall be part of the funds constituted as special funds
for the implementation of this Act under Section 87.
ARTICLE IX
Section 77. The Dangerous Drugs Board. – The Board shall be the policy-making
and strategy-formulating body in the planning and formulation of policies and
programs on drug prevention and control. It shall develop and adopt a
comprehensive, integrated, unified and balanced national drug abuse prevention
and control strategy. It shall be under the Office of the President.
The three (3) permanent members, who shall possess at least seven-year training
and experience in the field of dangerous drugs and in any of the following fields: in
law, medicine, criminology, psychology or social work, shall be appointed by the
President of the Philippines. The President shall designate a Chairman, who shall
have the rank of a secretary from among the three (3) permanent members who
shall serve for six (6) years. Of the two (2) other members, who shall both have the
rank of undersecretary, one (1) shall serve for four (4) years and the other for two
(2) years. Thereafter, the persons appointed to succeed such members shall hold
office for a term of six (6) years and until their successors shall have been duly
appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are
the following:
(6) Secretary of the Department of the Interior and Local Government or his/her
representative;
Cabinet secretaries who are members of the Board may designate their duly
authorized and permanent representatives whose ranks shall in no case be lower
than undersecretary.
The Director of the NBI and the Chief of the PNP shall be the permanent
consultants of the Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive a per
diem for every meeting actually attended subject to the pertinent budgetary laws,
rules and regulations on compensation, honoraria and allowances: Provided, That
where the representative of an ex officio member or of the permanent consultant of
the Board attends a meeting in behalf of the latter, such representative shall be
entitled to receive the per diem.
Section 79. Meetings of the Board. – The Board shall meet once a week or as often
as necessary at the discretion of the Chairman or at the call of any four (4) other
members. The presence of nine (9) members shall constitute a quorum.
Two deputies executive director, for administration and operations, with the ranks of
assistant secretary, shall be appointed by the President upon recommendation of
the Board. They shall possess the same qualifications as those of the executive
director. They shall receive a salary corresponding to their position as prescribed by
the Salary Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following
divisions, namely: Policy Studies, Research and Statistics; Preventive Education,
Training and Information; Legal Affairs; and the Administrative and Financial
Management.
(b) Promulgate such rules and regulations as may be necessary to carry out the
purposes of this Act, including the manner of safekeeping, disposition, burning or
condemnation of any dangerous drug and/or controlled precursor and essential
chemical under its charge and custody, and prescribe administrative remedies or
sanctions for the violations of such rules and regulations;
(c) Conduct policy studies, program monitoring and evaluations and other
researches on drug prevention, control and enforcement;
113
(d) Initiate, conduct and support scientific, clinical, social, psychological, physical
and biological researches on dangerous drugs and dangerous drugs prevention and
control measures;
(e) Develop an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled precursor and
essential chemical based on factual data, and disseminate the same to the general
public, for which purpose the Board shall endeavor to make the general public
aware of the hazards of any dangerous drugs and/or controlled precursor and
essential chemical by providing among others, literature, films, displays or
advertisements and by coordinating with all institutions of learning as well as with all
national and local enforcement agencies in planning and conducting its educational
campaign programs to be implemented by the appropriate government agencies;
(f) Conduct continuing seminars for, and consultations with, and provide information
materials to judges and prosecutors in coordination with the Office of the Court
Administrator, in the case of judges, and the DOJ, in the case of prosecutors, which
aim to provide them with the current developments and programs of the Board
pertinent to its campaign against dangerous drugs and its scientific researches on
dangerous drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement officers, members
of the judiciary, and prosecutors, school authorities and personnel of centers with
knowledge and know-how in dangerous drugs and/or controlled precursors and
essential chemicals control in coordination with the Supreme Court to meet the
objectives of the national drug control programs;
(h) Design and develop, in consultation and coordination with the DOH, DSWD and
other agencies involved in drugs control, treatment and rehabilitation, both public
and private, a national treatment and rehabilitation program for drug dependents
including a standard aftercare and community service program for recovering drug
dependents;
(i) Design and develop, jointly with the DOLE and in consultation with labor and
employer groups as well as nongovernment organizations a drug abuse prevention
program in the workplace that would include a provision for employee assistance
programs for emotionally-stressed employees;
(k) Prescribe and promulgate rules and regulations governing the establishment of
such centers, networks and laboratories as deemed necessary after conducting a
feasibility study in coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the estimated
need for any dangerous drug and/or controlled precursor and essential chemical, for
114
which purpose the Board may require from any official, instrumentality or agency of
the government or any private person or enterprise dealing in, or engaged in
activities having to do with any dangerous drug and/or controlled precursors and
essential chemicals such data or information as it may need to implement this Act;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about all
dangerous drugs and/or controlled precursors and essential chemicals-related
cases to which they have attended for statistics and research purposes;
(p) Receive in trust legacies, gifts and donations of real and personal properties of
all kinds, to administer and dispose the same when necessary for the benefit of
government and private rehabilitation centers subject to limitations, directions and
instructions from the donors, if any;
(t) Recommend the revocation of the professional license of any practitioner who is
an owner, co-owner, lessee, or in the employ of the drug establishment, or manager
of a partnership, corporation, association, or any juridical entity owning and/or
115
controlling such drug establishment, and who knowingly participates in, or consents
to, tolerates, or abets the commission of the act of violations as indicated in the
preceding paragraph, all without prejudice to the criminal prosecution of the person
responsible for the said violation;
(u) Appoint such technical, administrative and other personnel as may be necessary
for the effective implementation of this Act, subject to the Civil Service Law and its
rules and regulations;
(w) Submit an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives committees concerned
as may be required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees concerned.
The PDEA shall be headed by a Director General with the rank of Undersecretary,
who shall be responsible for the general administration and management of the
Agency. The Director General of the PDEA shall be appointed by the President of
the Philippines and shall perform such other duties that may be assigned to him/her.
He/she must possess adequate knowledge, training and experience in the field of
dangerous drugs, and in any of the following fields: law enforcement, law, medicine,
criminology, psychology or social work.
The Director General of the PDEA shall be assisted in the performance of his/her
duties and responsibilities by two (2) deputies director general with the rank of
Assistant Secretary; one for Operations and the other one for Administration. The
two (2) deputies director general shall likewise be appointed by the President of the
Philippines upon recommendation of the Board. The two (2) deputies director
general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall
receive the compensation and salaries as prescribed by law.
The Director General of the PDEA shall be responsible for the necessary changes
in the organizational set-up which shall be submitted to the Board for approval.
116
For purposes of carrying out its duties and powers as provided for in the succeeding
Section of this Act, the PDEA shall have the following Services, namely: Intelligence
and Investigation; International Cooperation and Foreign Affairs; Preventive
Education and Community Involvement; Plans and Operations; Compliance; Legal
and Prosecution; Administrative and Human Resource; Financial Management;
Logistics Management; and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of
the country which shall be responsible for the implementation of this Act and the
policies, programs, and projects of said agency in their respective regions.
(a) Implement or cause the efficient and effective implementation of the national
drug control strategy formulated by the Board thereby carrying out a national drug
campaign program which shall include drug law enforcement, control and
prevention campaign with the assistance of concerned government agencies;
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the
unlawful acts and penalties involving any dangerous drug and/or controlled
precursor and essential chemical and investigate all violators and other matters
involved in the commission of any crime relative to the use, abuse or trafficking of
any dangerous drug and/or controlled precursor and essential chemical as provided
for in this Act and the provisions of Presidential Decree No. 1619;
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the
effects or proceeds of the crimes as provided by law and take custody thereof, for
this purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
(e) Take charge and have custody of all dangerous drugs and/or controlled
precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency, if no longer needed for
purposes of evidence in court;
(f) Establish forensic laboratories in each PNP office in every province and city in
order to facilitate action on seize or confiscated drugs, thereby hastening its
destruction without delay;
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of this Act and in
accordance with the pertinent provisions of the Anti-Money-Laundering Act of 2001;
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases
for violation of all laws on dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances, and assist, support and
117
coordinate with other government agencies for the proper and effective prosecution
of the same;
(j) Conduct eradication programs to destroy wild or illegal growth of plants from
which dangerous drugs may be extracted;
(k) Initiate and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every province, city,
municipality and barangay with the active and direct participation of all such local
government units and nongovernmental organizations, including the citizenry,
subject to the provisions of previously formulated programs of action against
dangerous drugs;
(l) Establish and maintain a national drug intelligence system in cooperation with
law enforcement agencies, other government agencies/offices and local
government units that will assist in its apprehension of big-time drug lords;
(m) Establish and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and organizations, and
implement the applicable provisions of international conventions and agreements
related to dangerous drugs to which the Philippines is a signatory;
(o) Require all government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about all
dangerous drugs and/or controlled precursors and essential chemicals which they
have attended to for data and information purposes;
(p) Coordinate with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of this Act;
(q) Initiate and undertake a national campaign for drug prevention and drug control
programs, where it may enlist the assistance of any department, bureau, office,
agency or instrumentality of the government, including government-owned and or –
controlled corporations, in the anti-illegal drugs drive, which may include the use of
their respective personnel, facilities, and resources for a more resolute detection
and investigation of drug-related crimes and prosecution of the drug traffickers; and
118
(r) Submit an annual and periodic reports to the Board as may be required from time
to time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as recommended
by the congressional committees concerned.
Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA
Academy shall be established either in Baguio or Tagaytay City, and in such other
places as may be necessary. The PDEA Academy shall be responsible in the
recruitment and training of all PDEA agents and personnel. The Board shall provide
for the qualifications and requirements of its recruits who must be at least twenty-
one (21) years old, of proven integrity and honesty and a Baccalaureate degree
holder.
The graduates of the Academy shall later comprise the operating units of the PDEA
after the termination of the transition period of five (5) years during which all the
intelligence network and standard operating procedures of the PDEA has been set
up and operationalized.
The transfer, absorption and integration of the different offices and units provided
for in this Section shall take effect within eighteen (18) months from the effectivity of
this Act: Provided, That personnel absorbed and on detail service shall be given
until five (5) years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI
and the PNP on all other crimes as provided for in their respective organic
laws: Provided, however, That when the investigation being conducted by the NBI,
PNP or any ad hoc anti-drug task force is found to be a violation of any of the
provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or any of
the task force shall immediately transfer the same to the PDEA: Provided, further,
That the NBI, PNP and the Bureau of Customs shall maintain close coordination
with the PDEA on all drug related matters.
119
ARTICLE X
Section 87. Appropriations. – The amount necessary for the operation of the Board
and the PDEA shall be charged against the current year's appropriations of the
Board, the National Drug Law Enforcement and Prevention Coordinating Center,
the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug
abuse units of the different law enforcement agencies integrated into the PDEA in
order to carry out the provisions of this Act. Thereafter, such sums as may be
necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in
this Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes and
lotto prizes but not less than twelve million pesos (P12,000,000.00) per year from
the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a
special account in the general fund for the implementation of this Act: Provided,
That no amount shall be disbursed to cover the operating expenses of the Board
and other concerned agencies: Provided, further, That at least fifty percent (50%) of
all the funds shall be reserved for assistance to government-owned and/or operated
rehabilitation centers.
The fines shall be remitted to the Board by the court imposing such fines within
thirty (30) days from the finality of its decisions or orders. The unclaimed and
forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days
after these are collected and declared forfeited.
The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to the
existing guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board and
the PDEA. – The Board shall manage the funds as it may deem proper for the
attainment of the objectives of this Act. In addition to the periodic reports as may be
required under this Act, the Chairman of the Board shall submit to the President of
the Philippines and to the presiding officers of both houses of Congress, within
fifteen (15) days from the opening of the regular session, an annual report on the
dangerous drugs situation in the country which shall include detailed account of the
programs and projects undertaken, statistics on crimes related to dangerous drugs,
120
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All
accounts and expenses of the Board and the PDEA shall be audited by the COA or
its duly authorized representative.
ARTICLE XI
Section 90. Jurisdiction. – The Supreme Court shall designate special courts from
among the existing Regional Trial Courts in each judicial region to exclusively try
and hear cases involving violations of this Act. The number of courts designated in
each judicial region shall be based on the population and the number of cases
pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases involving
violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within
a period of thirty (30) days from the date of their filing.
Trial of the case under this Section shall be finished by the court not later than sixty
(60) days from the date of the filing of the information. Decision on said cases shall
be rendered within a period of fifteen (15) days from the date of submission of the
case for resolution.
The immediate superior of the member of the law enforcement agency or any other
government employee mentioned in the preceding paragraph shall be penalized
with imprisonment of not less than two (2) months and one (1) day but not more
than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00) but
121
not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite due notice to them and to the
witness concerned, the former does not exert reasonable effort to present the latter
to the court.
The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to
any other government office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned member of the law
enforcement agency or government employee may be transferred or re-assigned for
compelling reasons: Provided, That his/her immediate superior shall notify the court
where the case is pending of the order to transfer or re-assign, within twenty-four
(24) hours from its approval; Provided, further, That his/her immediate superior shall
be penalized with imprisonment of not less than two (2) months and one (1) day but
not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office, should he/she fail to notify the
court of such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.
The Board after notice and hearing shall consider the following factors with respect
to each substance proposed to be reclassified, added or removed from control:
(c) The state of current scientific knowledge regarding the drug or other substance;
122
The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines is a
signatory.
The Dangerous Drugs Board shall give notice to the general public of the public
hearing of the reclassification, addition to or removal from the list of any drug by
publishing such notice in any newspaper of general circulation once a week for two
(2) weeks.
(c) In case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the same under
this Act shall arise until after the lapse of fifteen (15) days from the last publication
of such notice;
(d) In case of removal of a drug from the list of dangerous drugs and precursors and
essential chemicals, all persons convicted and/or detained for the use and/or
possession of such a drug shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be dismissed; and
(e) The Board shall, within five (5) days from the date of its promulgation submit to
Congress a detailed reclassification, addition, or removal of any drug from the list of
dangerous drugs.
ARTICLE XII
promulgate within sixty (60) days the Implementing Rules and Regulations that shall
be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
(a) To set the guidelines and overall framework to monitor and ensure the proper
implementation of this Act;
(b) To ensure transparency and require the submission of reports from government
agencies concerned on the conduct of programs, projects and policies relating to
the implementation of this act;
(c) To approve the budget for the programs of the Oversight Committee on
Dangerous Drugs and all disbursements therefrom, including compensation of all
personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on
the implementation of the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary
remedial legislation or executive measures; and
(f) To perform such other duties, functions and responsibilities as may be necessary
to effectively attain the objectives of this Act.
To carry out the powers and functions of the Oversight Committee on Dangerous
Drugs, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be
charged against the current appropriations of the Senate. Thereafter, such amount
necessary for its continued operations shall be included in the annual General
Appropriations Act.
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10)
years from the effectivity of this Act and may be extended by a joint concurrent
resolution.
Section 99. Separability Clause. – If for any reason any section or provision of this
Act, or any portion thereof, or the application of such section, provision or portion
thereof to any person, group or circumstance is declared invalid or unconstitutional,
the remainder of this Act shall not be affected by such declaration and shall remain
in force and effect.
Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its
publication in at least two (2) national newspapers of general circulation.
The Supreme Court, during its En Banc deliberations on July 26, 2022, reaffirmed
the primacy and exclusivity of its rule-making power under the Constitution, and
guaranteed its precedence in governing over the plea bargaining process in drugs
cases.
125
Holding that plea bargaining in the prosecution of drugs cases goes into the very
matters of fundamental constitutional rights, the Court resolved to clarify the
guidelines it earlier issued in A.M. No. 18-03-16-SC, dated April 10, 2018. Hence,
while the Supreme Court takes judicial notice of the DOJ’s efforts to amend DOJ
Circular No. 27 to conform with the Plea Bargaining Framework in Drugs Cases, the
Court nevertheless issues the following guidelinesfor the guidance of both the
Bench and the Bar:
1. Offers for plea bargaining must be initiated in writing by way of a formal written
motion filed by the accused in court.
2. The lesser offense which the accused proposes to plead guilty to must
necessarily be included in the offense charged.
3. Upon receipt of the proposal for plea bargaining that is compliant with the
provisions of the Court’s Plea Bargaining Framework in Drugs Cases, the judge
shall order that a drug dependency assessment be administered. If the accused
admits drug use, or denies it but is found positive after a drug dependency test,
then he/she shall undergo treatment and rehabilitation for a period of not less
than six (6) months. Said period shall be credited to his/her penalty and the
period of his/her after-care and follow-up program if the penalty is still unserved.
If the accused is found negative for drug use/dependency, then he/she will be
released on time served, otherwise, he/she will serve his/her sentence in jail
minus the counselling period at the rehabilitation center.
4. As a rule, plea bargaining requires the mutual agreement of the parties and
remains subject to the approval of the court. Regardless of the mutual agreement
of the parties, the acceptance of the offer to plead guilty to a lesser offense is not
demandable by the accused as a matter of right but is a matter addressed
entirely to the sound discretion of the court.
1. Though the prosecution and the defense may agree to enter into a plea
bargain, it does not follow that the courts will automatically approve the
proposal. Judges must still exercise sound discretion in granting or denying
plea bargaining, taking into account the relevant circumstances, including the
character of the accused.
5. The court shall not allow plea bargaining if the objection to the plea bargaining is
valid and supported by evidence to the effect that:
1. the offender is a recidivist, habitual offender, known in the community as a
drug addict and a troublemaker, has undergone rehabilitation but had a
relapse, or has been charged many times; or
2. when the evidence of guilt is strong.
126
6. Plea bargaining in drugs cases shall not be allowed when the proposed plea
bargain does not conform to the Court-issued Plea Bargaining Framework in
Drugs Cases.
7. Judges may overrule the objection of the prosecution if it is based solely on the
ground that the accused’s plea bargaining proposal is inconsistent with the
acceptable plea bargain under any internal rules or guidelines of the DOJ,
though in accordance with the plea bargaining framework issued by the Court, if
any.
8. If the prosecution objects to the accused’s plea bargaining proposal due tothe
circumstances enumerated in item no. 5, the trial court is mandated tohear the
prosecution’s objection and rule on the merits thereof. If the trialcourt finds the
objection meritorious, it shall order the continuation of the criminal proceedings.
9. If an accused applies for probation in offenses punishable under RA No. 9165,
other than for illegal drug trafficking or pushing under Section 5 in relation to
Section 24 thereof, then the law on probation shall apply.
The Supreme Court Public Information Office will upload a copy of the Court’s
Decision to the SC website once it receives an official copy from the Office of the
Clerk Court En Banc.
Case Digest: Salvador A. Estipona, Jr., Petitioner, Vs. Hon. Frank E. Lobrigo,
Presiding Judge Of The Regional Trial Court Of Legazpi City, Branch 3, And
People Of The Philippines, Respondents.
Definition of terrorism
The Act defines terrorism as:
Engaging in acts intended to cause death or serious bodily injury to any person
or endangers a person's life;
Engaging in acts intended to cause extensive damage or destruction to a
government or public facility, public place, or private property;
Engaging in acts intended to cause extensive interference with, damage, or
destruction to critical infrastructure;
Developing, manufacturing, possessing, acquiring, transporting, supplying, or
using weapons; and
Releasing dangerous substances or causing fire, floods or explosions when the
purpose is to intimidate the general public, create an atmosphere to spread a
message of fear, provoke or influence by intimidation the government or any
international organization, seriously destabilize or destroy the fundamental
political, economic, or social structures in the country, or create a public
emergency or seriously undermine public safety[1]
The definition states that "advocacy, protest, dissent, stoppage of work, industrial or
mass action, and other similar exercises of civil and political rights" shall not be
considered as terrorist acts only if they "are not intended to cause death or serious
physical harm to a person, to endanger a person's life, or to create a serious risk to
public safety."
Creation of Anti-Terrorism Council
The law also creates a presidentially-appointed body, the Anti-Terrorism Council
(ATC), which would designate the persons who could be arrested as "terrorists."[5]
Because of other provisions of the law. these persons could be detained for up to
24 days (14 days with a possible 10-day extension),[6] and would not be
automatically compensated for wrongful imprisonment as they originally were under
the Human Security Act of 2007.
Warrantless arrest
The law allows suspects to be detained without a judicial warrant of arrest for 14
days and can be extended by 10 more days, and placed under surveillance for 60
days, that can also be extended by up to 30 days, by the police or military. [6] But an
analyst argues that this provision is essential for counterterrorism to "allow more
time for investigators to get valuable information from the terror suspect. A longer
detention period can also provide ample time to facilitate interrogation. It can also
incapacitate the suspected terrorist from wreaking havoc. Most importantly, longer
preventive detention can lawfully hold suspect when usual criminal charges cannot
be filed for some technical considerations."[8]
Removal of safeguard against wrongful detention
128
The Anti-Terrorism Act of 2020 also removes a section under the Human Security
Act of 2007 which is meant to safeguard against the wrongful accusation and
detention of suspects. Previously, if a person imprisoned under the HSA were found
to actually not be guilty, that person would be compensated for wrongful detention,
with the cost "automatically charged against the appropriations of the police agency
or the Anti-Terrorism Council that brought or sanctioned the filing of the charges
against the accused."
Under the new law, a wrongfully detained person would have to file a suit against
the government in order to get any remuneration for having been wrongfully
accused.
ARTICLE I
SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Firearms
and Ammunition Regulation Act”.
SEC. 2. Declaration of State Policy. – It is the policy of the State to maintain peace
and order and protect the people against violence. The State also recognizes the
right of its qualified citizens to self-defense through, when it is the reasonable
means to repel the unlawful aggression under the circumstances, the use of
firearms. Towards this end, the State shall provide for a comprehensive law
regulating the ownership, possession, carrying, manufacture, dealing in and
importation of firearms, ammunition, or parts thereof, in order to provide legal
support to law enforcement agencies in their campaign against crime, stop the
proliferation of illegal firearms or weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.
(r) Licensed citizen refers to any Filipino who complies with the qualifications set
forth in this Act and duly issued with a license to possess or to carry firearms
outside of the residence in accordance with this Act.
firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major
parts which are necessary to effect and complete the action of expelling a projectile
by way of combustion, except those classified as accessories.
(1) Handgun which is a firearm intended to be fired from the hand, which includes:
(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that
can discharge a bullet through a rifled barrel by different actions of loading, which
may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of
ball shots or a single projectile through a smooth bore by the action or energy from
burning gunpowder.
ARTICLE II
SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own
and Possess Firearms. – In order to qualify and acquire a license to own and
possess a firearm or firearms and ammunition, the applicant must be a Filipino
citizen, at least twenty-one (21) years old and has gainful work, occupation or
business or has filed an Income Tax Return (ITR) for the preceding year as proof of
income, profession, business or occupation.
(a) The applicant has not been convicted of any crime involving moral turpitude:
(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and
authorized drug testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the
PNP or a registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm
which shall state the personal circumstances of the applicant;
133
(f) The applicant must present a police clearance from the city or municipality police
office; and
(g) The applicant has not been convicted or is currently an accused in a pending
criminal case before any court of law for a crime that is punishable with a penalty of
more than two (2) years.
The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.
(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);
(c) It has completed and submitted all its reportorial requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by the Bureau of
Internal Revenue.
The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board
resolution to that effect: Provided, That the officer applying for the juridical entity,
shall possess all the qualifications required of a citizen applying for a license to
possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice
president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders
but shall be subject to additional requirements as may be required by the Chief of
the PNP.
Philippines (AFP), Coast Guard and other law enforcement agencies shall only be
reported to the FEO of the PNP.
It shall be the burden of the applicant to prove that his/her life is under actual threat
by submitting a threat assessment certificate from the PNP.
(h) Businessmen, who by the nature of their business or undertaking, are exposed
to high risk of being targets of criminal elements.
ARTICLE III
SEC. 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the
PNP, shall issue licenses to qualified individuals and to cause the registration of
firearms.
Type 1 license – allows a citizen to own and possess a maximum of two (2)
registered firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5)
registered firearms;
135
Type 3 license – allows a citizen to own and possess a maximum of ten (10)
registered firearms;
Type 4 license – allows a citizen to own and possess a maximum of fifteen (15)
registered firearms; and
Type 5 license – allows a citizen, who is a certified gun collector, to own and
possess more than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other
security measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.
SEC. 10. Firearms That May Be Registered. – Only small arms may be registered
by licensed citizens or licensed juridical entities for ownership, possession and
concealed carry. A light weapon shall be lawfully acquired or possessed exclusively
by the AFP, the PNP and other law enforcement agencies authorized by the
President in the performance of their duties: Provided, That private individuals who
already have licenses to possess Class-A light weapons upon the effectivity of this
Act shall not be deprived of the privilege to continue possessing the same and
renewing the licenses therefor, for the sole reason that these firearms are Class “A”
light weapons, and shall be required to comply with other applicable provisions of
this Act.
For purposes of this Act, registration refers to the application, approval, record-
keeping and monitoring of firearms with the FEO of the PNP in accordance with the
type of license issued to any person under Section 9 of this Act.
(a) The Secretary of the Department of the Interior and Local Government (DILG) in
the case of an application for a license to manufacture; and
136
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms
parts, ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and
the types of firms, ammunition or implements which the applicant intends to
manufacture or purchase and sell under the license applied for; and such additional
information as may be especially requested by the Secretary of the DILG or the
Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the
Secretary of the DILG or the Chief of the PNP shall indicate the amount of the bond
to be executed by the applicant before the issuance of the license and the period of
time by which said license shall be effective, unless sooner revoked by their
authority.
(a) The authority to manufacture and assemble firearms, ammunition, spare parts
and accessories, ammunition components, and reloading of ammunitions, within
sites, areas, and factories stated therein. The Secretary of the DILG shall approve
such license;
(b) The license to deal in or sell all the items covered by the License to
Manufacture, such as parts, firearms or ammunition and components;
(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition
components to be imported shall, however, be limited to those authorized to be
manufactured as reflected in the approved License to Manufacture. The Import
Permit shall be under the administration of the PNP.
import various firearms for reference, test and evaluation for manufacture of similar,
types of firearms covered by the License to Manufacture.
(a) For locally manufactured firearms and major parts thereof, the initial registration
shall be done at the manufacturing facility: Provided, That firearms intended for
export shall no longer be subjected to ballistic identification procedures; and
(b) For imported firearms and major parts thereof, the registration shall be done
upon arrival at the FEO of the PNP storage facility.
SEC. 16. License and Scope of License to Deal. – The License to Deal authorizes
the purchase, sale and general business in handling firearms and ammunition,
major and minor parts of firearms, accessories, spare parts, components, and
reloading machines, which shall be issued by the Chief of the PNP.
SEC. 17. License and Scope of License for Gunsmiths. – The license for gunsmiths
shall allow the grantee to repair registered firearms. The license shall include
customization of firearms from finished or manufactured parts thereof on per order
basis and not in commercial quantities and making the minor parts thereof, i.e. pins,
triggers, trigger bows, sights and the like only for the purpose of repairing the
registered firearm. The license for gunsmiths shall be issued by the Chief of the
PNP.
The registration of the firearm shall be renewed every four (4) years. Failure to
renew the registration of the firearm on or before the date of expiration shall cause
the revocation of the license of the firearm. The said firearm shall be confiscated or
forfeited in favor of the government after due process.
The failure to renew a license or registration within the periods stated above on two
(2) occasions shall cause the holder of the firearm to be perpetually disqualified
from applying for any firearm license. The application for the renewal of the license
or registration may be submitted to the FEO of the PNP, within six (6) months
before the date of the expiration of such license or registration.
138
SEC. 20. Inspection and Inventory. – The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the
inventory and records of a licensed manufacturer, dealer or importer of firearms and
ammunition during reasonable hours.
ARTICLE IV
SEC. 23. Return of Firearms to Owner upon Departure from the Philippines. – Upon
the departure from the Philippines of any person whose firearm or ammunition is in
the custody of the FEO of the PNP, the same shall, upon timely request, be
delivered to the person through the Collector of Customs. In the case of a
participant in a local sports shooting competition, the firearm must be presented to
the Collector of Customs before the same is allowed to be loaded on board the
carrier on which the person is to board.
advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the
FEO of the PNP may dispose of the same after compliance with established
procedures.
SEC. 26. Death or Disability of Licensee. – Upon the death or legal disability of the
holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative,
legal representative, or other person who shall knowingly come into possession of
such firearm or ammunition, to deliver the same to the FEO of the PNP or Police
Regional Office, and such firearm or ammunition shall be retained by the police
custodian pending the issuance of a license and its registration in accordance, with
this Act. The failure to deliver the firearm or ammunition within six (6) months after
the death or legal disability of the licensee shall render the possessor liable for
illegal possession of the firearm.
SEC. 27. Antique Firearm. – Any person who possesses an antique firearm shall
register the same and secure a collector’s license from the FEO of the PNP. Proper
storage of antique firearm shall be strictly imposed. Noncompliance of this provision
shall be considered as illegal possession of the firearm as penalized in this Act.
ARTICLE V
PENAL PROVISIONS
(a) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a small arm;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a Class-A light weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c)
in this section shall be imposed upon any person who shall unlawfully possess any
firearm under any or combination of the following conditions:
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
140
(f) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a small arm or
Class-A light weapon. If the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of a small arm, the
former violation shall be absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-A light
weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-A light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-A light weapon, the former
violation shall be absorbed by the latter;
(j) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess a major part of a Class-B light
weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any
person who shall unlawfully acquire or possess ammunition for a Class-B light
weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a Class-B light weapon, the former
violation shall be absorbed by the latter.
SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty which is lower than that prescribed
in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession of firearms, the penalty
of prision mayor in its minimum period shall be imposed in addition to the penalty for
the crime punishable under the Revised Penal Code or other special laws of which
he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be
141
If the crime is committed by the person without using the loose firearm, the violation
of this Act shall be considered as a distinct and separate offense.
SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum
to prision mayor in its medium period shall be imposed upon the owner, president,
manager, director or other responsible officer of/any public or private firm, company,
corporation or entity who shall willfully or knowingly allow any of the firearms owned
by such firm, company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding section, or willfully or
knowingly allow any of them to use unregistered firearm or firearms without any
legal authority to be carried outside of their residence in the course of their
employment.
The penalty of prision mayor in its minimum period to prision mayor in its medium
period shall be imposed upon any laborer, worker or employee of a licensed
firearms dealer who shall unlawfully take, sell or otherwise dispose of parts of
firearms or ammunition which the company manufactures and sells, and other
materials used by the company in the manufacture or sale of firearms or
ammunition. The buyer or possessor of such stolen part or material, who is aware
that such part or material was stolen, shall suffer the same penalty as the laborer,
worker or employee.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the
PNP Crime Laboratory for future use and identification of a particular firearm.
SEC. 36. In Custodia Legis. – During the pendency of any case filed in violation of
this Act, seized firearm, ammunition, or parts thereof, machinery, tools or
instruments shall remain in the custody of the court. If the court decides that it has
no adequate means to safely keep the same, the court shall issue an order to turn
over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody during the pendency of the case and
to produce the same to the court when so ordered. No bond shall be admitted for
the release of the firearm, ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall be punishable by prision mayor in
its minimum period to prision mayor in its medium period.
SEC. 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of
this Act shall carry with it the accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or instrument in favor of the
government which shall be disposed of in accordance with law.
SEC. 38. Liability for Planting Evidence. – The penalty of prision mayor in its
maximum period shall be imposed upon any person who shall willfully and
maliciously insert; place, and/or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in the person, house,
effects, or in the immediate vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the commission of any violation
of the provisions of this Act to said individual. If the person found guilty under this
paragraph is a public officer or employee, such person shall suffer the penalty
of reclusion perpetua.
143
(b) Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence
or workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;
(f) Dismissal for cause from the service in case of government official and
employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165,
otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”;
SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder
who fails to report to the FEO of the PNP that the subject firearm has been lost or
stolen within a period of thirty (30) days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any
person holding a valid firearm license who changes residence or office address
other than that indicated in the license card and fails within a period of thirty (30)
days from said transfer to notify the FEO of the PNP of such change of address.
The penalty of prision correccional shall be imposed upon any person who shall
violate the provision of the preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other firearms and all his/her existing
firearms licenses whether for purposes of commerce or possession, shall be
revoked. If government-issued firearms, ammunition or major parts of firearms or
light weapons are unlawfully disposed, sold or transferred by any law enforcement
144
Any public officer or employee or any person who shall facilitate the registration of a
firearm through fraud, deceit, misrepresentation or submission of falsified
documents shall suffer the penalty of prision correccional.
ARTICLE VI
FINAL PROVISIONS
SEC. 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of
all firearms records to include imported and locally manufactured firearms and
ammunition. Within one (1) year upon approval of this Act, all military and law
enforcement agencies, government agencies, LGUs and government-owned or -
controlled corporations shall submit an inventory of all their firearms and
ammunition to the PNP.
SEC. 44. Implementing Rules and Regulations. – Within one hundred twenty (120)
days from the effectivity of this Act, the Chief of the PNP, after public hearings and
consultation with concerned sectors of society shall formulate the necessary rules
and regulations for the effective implementation of this Act to be published in at
least two (2) national newspapers of general circulation.
SEC. 46. Separability Clause. – If any provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.
SEC. 47. Effectivity. – This Act shall take effect after fifteen (15) days from its
publication in a newspaper of nationwide circulation.
145
REFERENCES
Bowden, John (2014, November 25). 7 Types of Witness and How to Interview
Them. Police 1. https://www.police1.com/investigations/articles/7-types-of-
witnesses-and-how-to-interview-them-CrxJZs1KiPqr7qRi/
Dela Calzada, Jo Feliz Marie (2023, January 7). Rights of a Person Under Custodial
Investigation. Ask Our Lawyers.
Bowden, John (2014, November 25). 7 Types of Witness and How to Interview
Them. Police 1. https://www.police1.com/investigations/articles/7-types-of-
witnesses-and-how-to-interview-them-CrxJZs1KiPqr7qRi/
https://www.delacalzadalegal.com/uncategorized/rights-of-a-person-under-
custodial-investigation/#:~:text=Now%2C%20under%20the%20first
%20paragraph,told%20that%20he%20has%20a
https://www.scribd.com/doc/247903701/Special-Crime-Investigation-Reviewer
http://changingminds.org/explanations/theories/a_lies.htm
https://www.scribd.com/presentation/17117969/Interviewing-and-Interrogation-
Techniques
https://phlconnect.ched.gov.ph/admin/uploads/
5ef059938ba799aaa845e1c2e8a762bd/MODULE-IN-CDI-1docx.pdf
https://remediallawnotes.blogspot.com/2017/08/what-is-judicial-
admission.html#:~:text=Judicial%20admissions%20are%20conclusive
%20upon,estoppel%20are%20not%20present%2C%20disputable.
https://quizlet.com/537100093/types-of-witnesses-according-to-their-attitudes-flash-
cards/
https://www.officialgazette.gov.ph/1978/06/11/presidential-decree-no-1602-s-1978/
https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-1-introduction/
https://www.projectjurisprudence.com/2017/09/estipona-vs-lobrigo-226679-
august.html#:~:text=In%20his%20petition%2C%20Estipona%20argued,the%20Revised
%20Rules%20on%20Criminal
https://www.stevenson.edu/online/about-us/news/origin-of-investigate#:~:text=According
%20to%20the%20Oxford%20English,investigare%E2%80%9D%20which%20means%20to
%20investigate.
https://fas.org/irp/cia/product/facttell/intcycle.htm
https://www.unodc.org/documents/organized-crime/Law
Enforcement/Criminal_Intelligence_for_Analysts.pdf
147
https://www.google.com/search?
q=pnp+criminal+investigation+manual&oq=PNP+CIMINAL+INVESTIGATION&aqs=chrome.1.
69i57j0i13l3.12494j0j7&sourceid=chrome&ie=UTF-8