Criminal Law 1 & 2

Reviewer for Mock bar

 Spanish text is superior to English text
Fundamental Principles
People vs. Mangulabnan
Definitions Responded fires a gun upwards while committing a robbery. He ends
up killing the owner of the house who was situated on the floor
What is criminal law? above him. Respondent is accused of robbery with homicide because
 Is a Branch or division of law which defines crimes, treats of although the English text says that killing should be intentional for it
nature, and provides for their punishment. to be homicide, the Spanish text says that homicide can take place
even by mere accident.
What is a crime?
 An act committed or omitted in violation of a public law
forbidding or commanding it. Scope and Application and characteristics of Philippine Law

Mala In Se and Mala Prohibita Characteristics of Criminal law

 General
Mala in se Mala Prohibita Binding on all persons who live or sojourn in the Philippines.
A crime or an act that is An act that is a crime merely
inherently immoral, such as because it is probihibited by  Territorial
murder, arson, rape. statue, although the act itself is Criminal Law undertakes to punish crimes committed within
not necessarily immoral. Philippine territory

Violation of the RPC are referred to as malum in se, which means  Prospective
that the act is inherently evil or bad. On the other hand, violations of Forward looking and never retroactive
Special Laws are generally referred to as malum prohibitum.

GENERAL
Construction of Penal Laws GR: All penal laws are binding on all persons who live or sojourn in
Penal laws are strictly construed against the government and the Philippines.
liberally in favor of the accused. However this does not apply if the
law is clear and unambiguous. People vs. Galacgac
Accused contended that being an American exempts him from
People vs. Garcia securing permits from the government, much less be convicted for
-Responded was accused of violating a law prohibiting the selling of the crime of illegal possession of firearms because it is their
PCSO tickets without being authorized. Accused claimed he hold constitutional right.
llave tickets. Responded is acquitted because the law does not
expressly prohibit the selling of llave tickets. Held: The Philippines is a sovereign states with the obligation and
right to every to uphold its laws and maintain order within its
domain, and with the general jurisdiction to punish persons for
offenses committed within its territory, regardless of the nationality 5. Commit any of the crimes against national security and law
of the offender. of nations defines in book 2.

No foreigner enjoys in this country extra-territorial right to be

exempted from its laws and jurisdiction, with the exception of heads PROSPECTIVE APPLICATION OF THE LAW
of states and diplomatic representatives who, by virtue of the GR: Penal laws shall have no retroactive application.
customary law or nationals, are not subject to Philippine Territorial
Jurisdiction. Furthermore, it is embodied in Article 21 which provides that no
felony shall be punished by any penalty not prescribed by law prior
Persons exempted from the operation of our criminal laws to its commission.
by virtue of principles of public international law
Laws operate prospectively, unless the contrary appears or is clearly,
1. II Hyde International Law: As principle of international plainly and unequivocally expressed or necessarily implied.
law, the following are not subject to the operation of our
criminal laws: Exception: Penal law may have retroactive effect only when it is
a. Sovereign and other chief of state favorable to the accused.
b. Ambassadors, ministers, plenipotentiary, ministers’
resident, and charges d’affaires. Different effect of repeal on Penal Law
1. If the penalty in the repeal is lighter, it shall be applied to
TERRITORIAL the case except if accused is habitual criminal.
GR: Penal laws of the Philippines are enforceable only within its 2. If the penalty in the repeal is heavier, the law in force when
territory. the offense was committed shall be applied.
3. If the new law totally repeals the old law, the crime is
Article 2 of the RPC provides that provisions of the code shall be obliterated.
enforced within the Philippines Archipelago, including its 4. If the new lea reenacts the old law, criminal liability is not
atmosphere, its interior waters and maritime zone. destroyed
5. If both old and new law punishes the same offense, offender
Exceptions: can be tried in the law which is favorable to him.
1. Should commit an offense while on a Philippine Ship or Provided: that the old law was still in place when crime was
Airship committed.
2. Forge of counterfeit any coin currency note or the Philippines 6. If the new law fails to penalize an act (punishable under the
or obligations and securities issued by the government old law), it is no longer punishable
3. Should be liable for acts connected with the introduction into 7. If someone is mistakenly accused and convicted under a
the Philippines of the obligations and securities mentioned in repealed law, he may be tried again under the new law as
the preceding number long as such an offense still exists in the law.
4. Public officers or employees, should commit an offense in 8. Self-repealing laws (laws with expiry dates) are self-
the exercise of their functions executing.
Constitutional Limitation of the congress Ex Post Facto Law/ Bill of Attainder
1.     Due Process and Equal Protection Ex Post Facto law are those laws that would make the accused
2.     Non-imposition of excessive fines or cruel and unusual criminally liable for a crime that has already been extinguished under
punishment the law existing when it was committed.
3.     Ex post facto law/ Bill of Attainder
  Ex Post Facto law are those that:
  1. Aggravates a crime, or make it greater than it was, when
Due Process and Equal Protection committed
Due Process 2. Change the punishment and inflicts a greater punishment
1.    Substantive: this guarantees that the law must be fair, just, 3. Alter the legal rules of evidence, and authorizes conviction
and reasonable when it comes to the rights of a person’s life, liberty, upon less or different testimony than the law required at the
and property. time of the commission of the offense
  4. Assumes a regulative civil right and remedies only, in effect
2.    Procedural: Consists of 2 basic rights, the righ of notice and imposes penalty or deprivation of a right for something
hearing, ad well as the guarantee of being heared by an impartial which when done was lawful
and competent tribunal. 5. Deprives a person accused of a crime some lawful protection
  to which he has being entitled, such as the protection of a
  former conviction of acquittal.
Equal protection
This guarantees that no person or class of person shall be denied the
same protection of laws which is enjoyed by other persons or other Felonies
classes in like circumstances.

  Article 3. Acts and omission punishable by law are felonies.

Non-imposition of excessive fines or cruel and unusual
punishment Felonies are committed not only by means of deceit (dolo)
1. Excessive Fines: To be under the prohibition, the penalty but also by means of fault (culpa).
must be flagrantly and plainly oppressive or so
disproportionate to the offense committed as to shock the There is deceit when the act if performed with deliberate
moral sense of all reasonable persons as to what is right and intent and there is fault when the acts result from
proper under the circumstances. imprudence, negligence, lack of skill, lack of foresight.
 
2. Cruel and unusual punishments: Extends only to
situations of extreme corporeal or psychological punishment Classification of Felonies
that strips the individual of his humanity. 1. Deceit (dolo)
2. Fault (culpa)
Elements in Criminal Liability Impossible Crimes- the commission of an impossible crime is
indicative of criminal propensity or criminal tendency on the part of
Art. 4 the actor.
Criminal liability shall be incurred by:
1. Any person committing a felony (delito) although the  Thus such person is a potention criminal.
wrongful act be different from that which he intended.  The community must be protected from anti-social activities,
2. By any person performing an act which would be an offense whether actual potential, of the morbid type of man called
against persons or property, were it not for the inherent “socially dangerous person”.
impossibility of its accomplishment, or no account of the
employment of inadequate or ineffectual means. Rationale: It is the duty of the state to protect its people from
potentially criminal-minded person, thus it us the duty of the state to
PAR. 1 suppress criminal propensity or criminal tendencies.
Meaning: One is not relieved from the criminal liability for the natural
consequence of one’s illegal acts, merely because one does not Stages of Execution of a Crime
intend to produce such consequences. 1. Consummated
A felony is consummated when all the elements necessary
Example: One who fired a gun at B, but missed an hit C instead, is for its execution and accomplishment are present.
liable for the injury caused to C, although the one who fired the gun
had no intention to injure C. 2. Frustrated
It is frustrated when the offender performs all the acts of
Rationale: El que causa de la causa del mal causado—He who is the the execution which would produce the felony as a
cause of the cause is the cause of the evil caused. consequence but, which, nevertheless do not produce it by
reason of causes independent of the will of the perpetrator.
Mistaken Identity (Error in Personae) – A shots B because he things
he is C. 3. Attempted
A crime is attempted when the offender commences the
Mistaken Blow (Aberration Ictus) – A tries to shot B but accidentally commission of a felony, directly through overt acts, and does
shots C. not perform all the acts of execution which would produce
the felony by reason of some cause or accident other than
The act exceeds the intent (Praeter intentionem) – A only intends to this own spontaneous desistance.
injure B but ends up killing him.
Elements in attempted Felony
1. Commencement of the commission of the felony directly by
PAR. 2. overt acts
Paragraph 2 talks about impossible crimes. 2. Offender does not perform all acts of execution which should
produce the felony
3. The offender’s acts is not stopped by his own spontaneous
desistance
 4. The non-performance of all acts of execution was due to a Consummated Crime
cause or accident other than his own spontaneous All the elements necessary for its execution and accomplishment are
desistance. present. Every crime has its own elements which must all be present
to constitute a culpable violation of a precept of law.
Overt acts- some physical activity or deed indicating the intention
to commit a particular crime, more then a mere planning or
preparation, which if carried to its complete termination following its Conspiracy and Proposal to commit Felony
natural course, without being frustrated by external obstacles, nor by
the voluntary desistance of the perpetrator, with logically and Art. 8.
necessarily ripen into a concrete offense. Conspiracy and proposal to commit a felony are punishable
only in the cases in which the law specially provides a
penalty therefore. Conspiracy exists when two or more
Elements in Frustrated Felony persons come to agreement concerning the commission of a
1. Offender commits all acts of execution felony and decided to commit it. There is proposal when the
2. All the acts performed would produce a felony person who has decided to commit a felony proposes its
3. Felony is not produced execution to some other person or persons.
4. By reason of causes independednt to the will of the
perpetrator. GR: Conspiracy and proposal to commit a felony shall only be
punished in which the law specially provides a penalty therefore.
Frustrated Felony vs Attempted Felony  There must be a specific provision in the RPC punishing
Frustrated Attempted specific instances of conspiracy or proposal.
The offender has reached the The offender has not made it Example: Treason (115) Rebellion (136) Sedition (141)
objective phase (completion of past the subjective pshare
all acts of execution) but the Reason: Conspiracy and proposal to commit a crime are only
intention was not produced preparatory acts, and the law regards them as innocent or at least
permissible except in rare and exceptional cases.
Frustrated or Attempted vs. Impossible crimes
 In attempted or frustrated, the crime could have been EG: A and B decided to rise publicly and take arm against the
accomplished. In impossible crime, the crime can never be government with the help of their followers.
accomplished.  If they carry out their plan, A and B are guilty of rebellion
 If they don’t carry out their plan, A and B are guilty of
 In attempted or frustrated they are thwarted by external conspiracy to commit rebellion.
reasons. In impossible crimes, it is thwarted by internal
reasons such as the inherent impossibility of the crime of the Quantum of Proof Required:
employment of inadequate or ineffectual means by the Elements of conspiracy must be proven beyond reasonable doubt.
offender. Evidence of actual cooperation rather than mere cognizance or
approval of illegal act is required.
Multiple Offender (difference, Rules, Effects)
1. Recidivism
2. Habituality
3. Quasi-recidivism
4. Habitual Delinquency

Recidivism (rules and effects)

Recidivism is punished because of the greater perversity of the
offender as shown by his inclination to crimes.

One who, at the time of his trial for one crime shall have been
previously convicted by final judgement for another crime embraced
in the same title of the RPC.

Recidivism must be taken into account as an aggravating

circumstance no matter how many years have intervened between
the first and second felonies.
Habitual Delinquency
There is habitual delinquency when a person, within a period of 10
Pardon does not obliterate the fact that the accused was a recidivist,
years from the date of his release or last conviction of the crime of
but amnesty extinguished the penalty and its effects.
serious or less serious physical injuries, robbery, theft, estafa is
found guilty of any said crimes a THIRD TIME or oftener.
Reiteracion/ Habituality
Quasi-Recidivism
It is essential that the offender be previously punished, that is, he
Any person who shall commit a felony after having been convicted
has served sentence for an offense in which the law attached, or
by final judgement, before beginning to serve such sentence, or
provides for an equal or greater penalty than that attached by law to
while serving the same, shall be punished by the maximum period of
the second offense, or for two or more offenses, in which the law
the penalty by law for the new felony.
attaches a ligher penalty.

Reiteracion or habituality is not always aggravating.

Continuing Crime
Continuing Crime is a single crime, consisting of a series of acts but
all arising from one criminal resolution.

Complex Crime
In complex crimes, although 2 or more crimes are actually
committed, they constitute only one crime in the eyes of the law as
well as in the conscience of the offender.
Special Complex Crime When a victim survivor is suffering from BWS, she does not incur
Is composed of two or more crimes that the law treats as a single criminal and civil liability notwithstanding the absence of any of the
indivisible and unique offense for being the product of a single elements for justifying circumstances of self-defense…
criminal impulse. It is a specific crime with a specific penalty
provided by law, and differs from a compound or complex crime. Battered woman syndrome: is when a woman is repeatedly
subjected to any forceful physical or psychological behavior of a man
Example: Rape with Homicide, Robbery in order to coerce her to do something he wants her to do without
concern for her rights.

Personality traits of a battered woman-

Circumstances affecting criminal liability. a. Low self-esteem
b. Traditional beliefs about the home, family and sex role
c. Emotional dependence
I. Justifying Circumstances d. Tendency to accept responsibility
e. False hopes
This means that when the act of the person is said to be in
accordance with the law so that such person is deemed not to have A battered woman’s cycle of violence
transgressed the law. a. Tension-building phase
b. Acute battering incident
This means that person is therefore free from both criminal and civil c. Tranquil and loving phase
liability.
Effect of battery on appellant
1. Self-defense  The Cycle of violence immobilizes the woman’s ability to act
decisively in her own interest, making her feel trapped in the
Requisites relationship with no means of escape.
a. Unlawful aggression  She also believes that he is capable of killing her, and that
b. Reasonable necessity of the means employed to prevent or there is no escape. Battered women feel unsafe, suffer from
repel it pervasive anxiety, and usually fail to leave the relationship.
c. Lack of sufficient provocation as to the person defending
himself. 2. Defense of Relatives

Battered Woman Syndrome as defense Relatives that can be defended

a. Spouse
RA 9262: “Anti-Violence Against Women and their Children Act of b. Ascendants
2004” c. Descendants
d. Legitimate, natural, or adopted brothers and sisters, or
Sec. 26- Battered Woman Syndrome (BWS) as a defense: relatives by affinity in the same degrees (relatives because
of marriage)
 e. Relatives by consanguinity within the fourth civil degree Minimum Age of Criminal Responsibility
(blood relatives) 15 years or under the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be subjected
Reason: It is the justification of this clause is formed not only upon a to an intervention program.
humanitarian sentiment, but also upon the impulse of blood.
A child above 15 years of age but bellow 18 may or may not
NOTE: Unlawful aggression can be made to depend upon the criminally responsible
honest belied of the one making a defense. If the age of the child at the time of the commission of the offense is
above 15 but below 18, the criminal responsibility of the accused will
Example: When A attacked and wounded B with a dagger but B depend on whether he discerned the consequence of his criminal
defended himself and seriously wounded A. (A is the unlawful act.
aggressor) then the sons of A came and believed in good faith that
their father was the victim of an unlawful aggression. It they kill B, Without discernment: exempting circumstance, subject to
they are justified by a mistake of fact. intervention program
With discernment: privileged mitigating circumstance, subject to
diversion proceedings (Sec. 6, RA 9344)
II. Exempting Circumstances Discernment is the mental capacity to understand the different
between right and wrong.
The following are exempted from criminal liability.
1. Imbecile or an insane person, unless the latter has acted
during lucid interval
2. A child fifteen years of age or under is exempt form
criminal liability under RA 9344
3. A person over 15 years and under 18, unless her had
acted with discernment, in which case, such child be
subject to appropriate proceedings in accordance RA
9344
4. Any person who, while performing a lawful act with due
care, causes an injury by mere accident without the fault or
intention of causing it.
5. Any person who acts under the compulsion of an irresistible
force
6. Any person who acts under the impulse of an uncontrollable
fear of an equal or greater injury.
7. Any person who fails to perform an act required by law,
when prevented by some lawful and superable cause.
 III. Mitigating Circumstances Note: There is no pending warrant of arrest or information filed. It is
not surrender when the accused surrendered only after the warrant
Mitigating Circumstances are those which, if present in the of arrest had been served upon him, it is not mitigating.
commission of the crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.
2.Voluntary confession of guilt before the court prior to the
Circumstances which can mitigate criminal liability presentation of evidence for the prosecution (Plea of guilt)

1. Incomplete justifying or exempting circumstance; All the law requires is voluntary plea of guilt prior to the presentation
(BAR 1990, 1996) of the evidence by the prosecution.
2. The offender is under 18 or over 70 years old;
3. No intention to commit so grave a wrong (praeter Reason: For the spontaneous willingness of the accused to admit the
intentionem); (BAR 2000, 2001) commission of the offense charged, which is rewarded by the
4. Sufficient threat or provocation; mitigating circumstance, is absent.
5. Vindication of a grave offense; (BAR 1993,2000, 2003)
6. Passion or obfuscation;
7. Voluntary surrender; (BAR 1992, 1996, 1997, 1999) IV. Aggravating Circumstances
8. Physical defect;
9. Illness of the offender; An aggravating circumstance are those that serve to increase the
10. Similar and analogous circumstances; and penalty without, however, exceeding the maximum of the penalty
11. Humanitarian reasons (Jarillov.People, G.R.No. 164435, provided by law for the offense.
September 29, 2009).
The basis is the greater perversity of the offender manifested in the
commission of the crime.
1. Requisites of Voluntary Surrender:
Kinds of aggravating circumstances (BAR 1999)
1. the offender has not actually been arrested; 1. Generic or those that can generally apply to almost all
2. the offender surrendered himself to a person in authority; crimes.
and
3. the surrender must be voluntary. 2. Specific or those that apply only to particular crimes.
Example:
Note: A surrender, to be voluntary must be spontaneous, i.e., there  Unlicensed firearms in robbery in band (RPC, Art.
must be an intent to submit oneself to authorities, either because he 296),
acknowledges his guilt or because he wishes to save them the  Positive finding in the use of dangerous drugs for
trouble and expenses in capturing him (People v. Saul, 2001). crimes punishable under RA 9165
 3. Qualifying or those that change the nature of the crime. Use of unlicensed firearm under the old Firearms law (RA
Examples: 8294)
 By means of poison If homicide or murder is committed with the use of unlicensed
 With the aid of armed men firearm, such use of unlicensed firearm shall be considered as an
 Treachery, in killing persons aggravating circumstance. If an unlicensed firearm is used to commit
 Grave abuse of confidence which makes stealing as qualified a crime other than homicide or murder, such as direct assault with
theft attempted homicide, the use of unlicensed firearm is neither an
aggravating nor a separate offense (People v. Walpan Ladjaamlam,
4. Inherent or those that must of necessity accompany the G.R. No. 136149-51, September 19, 2000).
commission of the crime.
Examples: Use of loose firearm considered absorbed as an element of
 Abuse of public office in bribery; the crime committed
 Breaking of a wall or unlawful entry into a house in robbery If the use of loose firearm is in furtherance of or incident to, or in
with the use of force upon things; connection with the crime of rebellion or insurrection, or attempted
 Fraud in estafa; coup d’etat, such shall be absorbed as an element of the crimes
 Deceit in simple seduction; mentioned (par. 2, Sec. 29, RA 10591).
 Ignominy in rape;
 Evident premeditation in robbery and estafa; Q: If an unlicensed firearm was used to kill a
 Disregard of respect due the offended party on account of person, can he be held guilty for a separate offense of illegal
rank in direct assault; possession of firearms aside from murder or homicide?
 Superior strength in treason; and A: NO. Where murder or homicide results from the use of an
 Cruelty in mutilation. unlicensed firearm, the crime is no longer qualified illegal possession,
but murder or homicide, as the case may be. In such a case, the use
of the unlicensed firearm is not considered as a separate crime but
Unlicensed firearms shall be appreciated as an aggravating circumstance. In view of the
amendments introduced by RA 8294 to PD 1866, separate
NOTE: PD 1866 (as amended by RA 8294) has been superseded by prosecutions for homicide and illegal possession are no longer in
the new Firearms law (RA 10591). order. Instead, illegal possession of firearms is merely to be taken as
an aggravating circumstance in the homicide case (People v.
Loose firearm Avecilla, G.R. No. 117033, February 15, 2001).
Loose firearm refers to an unregistered firearm, an obliterated or
altered firearm, firearm which has been lost or stolen, illegally NOTE: Same ruling will be applicable in the new
manufactured firearms, registered firearms in the possession of an Firearms law.
individual other than the licensee and those with revoked licenses in
accordance with the rules and regulations (par. (v), Sec. 3, RA In Section 29 of RA 10591, the use of a loose firearm, when inherent
10591). in the commission of a crime punishable under the RPC or other
special laws, shall be considered as an aggravating circumstance.
Otherwise, the use or possession of loose firearms and violation of 5. If the victim of the offense is a minor or mentally
other penal law shall be treated as distinct crimes and will thus be incapacitated individual, or should a dangerous drug and/or
punished separately. controlled precursor and essential chemicals involved in any
offense be the proximate cause of the death of the victim
(par. 4, Sec. 5, RA 9165). 
Positive finding in the use of dangerous drugs for crimes 6. In case the clandestine laboratory is undertaken or
punishable under RA 9165 established under the following circumstances: 
 Any phase of the manufacturing process 
Notwithstanding the provisions of any law to the contrary, a positive   was conducted in the presence or with the 
finding for the use of dangerous drugs shall be a qualifying o  help of minor/s; 
aggravating circumstance in the commission of a crime by an  Any phase of manufacturing process was 
offender, and the application of the penalty provided for in the o  established or undertaken within one hundred (100)
Revised Penal Code shall be applicable (Sec. 25, RA 9165). (BAR meters of a residential, business, church or school
2005, 2009)  premises; 
o Any clandestine laboratory was secured or protected
NOTE: The drug test in Section 15 does not cover persons by booby traps; 
apprehended or arrested for any unlawful acts listed under Article II o Any clandestine laboratory was concealed with
of R.A. 9165. Thus, this qualifying aggravating circumstance shall be legitimate business operations; or 
considered only to crimes punishable under RA 9165 (Dela Cruz v.  Any employment of a practitioner, chemical 
People, GR 200748, July 23, 2004).    engineer, public official or foreigner (Sec. 8, 
a.  RA 9165). 
Other aggravating circumstances in drug related cases  1. In case the person uses a minor or a mentally incapacitated
1. If the importation or bringing into the Philippines of any individual to deliver equipment, instrument, apparatus, and
dangerous drugs and/or controlled precursor and essential other paraphernalia for dangerous drugs (par. 3, Sec. 10, RA
chemicals was done through the use of a diplomatic 9165). 
passport, diplomatic facilities or any other means involving 2. Any person found possessing any dangerous drug during a
his/her official status intended to facilitate the unlawful entry party, or a social gathering or meeting, or in the proximate
of the same (par. 3, Sec. 4, RA 9165).  company of at least two (2) person (Sec. 13, RA 9165). 
2. If the sale trading, administration, dispensation, delivery, 3. Possession or having under his/her control any equipment,
distribution or transportation of any dangerous and/or instrument, apparatus and other paraphernalia fit or
controlled precursor and essential chemical transpired within intended for smoking, consuming, administering, injecting,
one hundred (100) meters from school (par. 2, Sec. 5, RA ingesting or introducing any dangerous drug into the body,
9165). during parties, social gatherings or meetings, or in the
3. For drug pushers who use minors or mentally  proximate company of at least two (2) persons (Sec. 14, RA
4.  incapacitated individuals as runners, couriers and 9165). 
messengers, or in any other capacity directly connected to
the dangerous drug and/or controlled precursor and
essential chemical trade (par. 3, Sec. 5, RA 9165). 
V. Alternative Circumstances Degree of Instruction and Education
Are those circumstances which must be taken into consideration as
aggravating or mitigating according to the nature and effects of the GR: Lack or Low degree of instruction and education is mitigating in
crime and the other condition attending its commission. all crimes.

These are: XPN: Crimes against property, Theft and Robbery, Crimes against
 Relationship Chastity, Murder or homicid, Rape, Treason.
 Intoxication
 Degree of instruction GR: High degree of instruction is aggravating when the offender
 Education of the offender avails his knowledge in the commission of the crime.

Relationship NOTE: If the offender is a lawyer who committed rape, the fact that
Note: By analogy, relationship is mitigating when its comes to crimes that he has knowledge of the law will not aggravate his liability; but
against property. There is no criminal liability but only civil liability. id a lawyer committed falsification, that will aggravate his criminal
liability if it be proven that he used his special knowledge as a lawyer
If the crime against persons is any of the serious physical injuries, and he took advantage of his learning in committing the crime.
the fact that the offended party is a descendant of the offender is
not mitigating.
VI. Absolutory Cause
Relationship is neither mitigating nor aggravating when relationship
is an element of the offense. Absolutory causes are those where the act committed is a crime but
for reason of public policy and sentiment there is no penalty
Example: Parricide, adultery, concubinage imposed.

Intoxication Examples.
It is mitigating when: 1. Spontaneous desistance in attempted felonies
1. Not habitual 2. Light felonies in attempted or frustrated stages, except in
2. Not subsequent to the plan to commit a felony crimes against persons or property
3. At the time of the commission of the crime, the accused has 3. Accessories in light felonies
taken such quantity of alcoholic drinks as to blur his reason 4. Accessory is a relative of the principal, except when he has
and deprive him of certain degree of control. profited or assisted in profiting from the effects of the crime
5. Discovering secrets of ward through seizure of
It is aggravating when: correspondence by their guardian
1. Habitual 6. When only slight or les serious injuries are inflicted by the
2. Intentional (subsequent to the plan to commit a felony) person who surprised his/her spouse or daughter in the act
of sexual intercourse with another person.
7. Crime of theft, swindling or malicious mischief committed
against as spouse, ascendant, or descendant or if the
 offender is a brother or sister or brother-in-law or sister-in- Principal by Direct Participation
law of the offended party and they are living together Principals by direct participation are those who materially execute
8. Instigation the crime. They appear at the crime scene and perform acts
9. Trespass to dwelling when the purpose of entering another’s necessary for the commission of the crime.
dwelling against the latter’s will is to prevent some serious
harm to himself, the occupants of the dwelling or a third “Personally took part in the commission of the crime”
person, or for the purpose of rendering some services to
humanity or justice, or when entering safes, taverns, inns 1. The principal by direct participation must be at the scene of
and other public houses while the same are open. the commission of the crime, personally taking part in its
execution; and
2. If there is conspiracy, although he was not present in the
scene of the crime, he is equally liable as a principal by
Persons Criminally Liable/ Degree of Participation direct participation.

A conspirator who does not appear at the scene of the crime is not
Persons criminally liable
liable. His non-appearance is deemed a desistance on his part unless
1. Principals
he is the mastermind.
2. Accomplices
3. Accessories
Conspirators are liable for the acts of another conspirator even
Light Felonies though such acts differ radically and substantially from that which
1. Principals they intend to commit.
2. Accomplices
When the conspirators select a particular individual to be a victim,
Light felonies are punishable in attempted and frustrated stage but and another person was killed by one of them, only that conspirator
only principal and accomplices are liable. who killed another person would be liable.

REASON: The social wrong as well as the individual prejudice is so

small that a penal sanction is deemed not necessary for accessories. Principals by Inducement
Principals by inducement are those who directly force or induce
Principals another to commit a crime. To be a principal by inducement, it is
necessary that the inducement by the determining cause of the
Kinds of Principals: commission of the crime by the principal by direct participation that
1. Principal by direct participation is, without such, the crime would not have been committed.
2. Principal by induction/ inducement
3. Principal by indispensable cooperation
Requisites: NOTE: A principal by indispensable cooperation may be a co-
1. That the inducement be made directly with the intention of conspirator under the doctrine of implied conspiracy. He becomes a
procuring the commission of the crime; and co-conspirator by indispensable cooperation, although the common
2. That the inducement be the determining cause of the design or purpose was not previously agreed upon.
commission of the crime by the material executor.
Illustration: X wanted to kill Y who resides in an island. The only
The inducement should precede the commission of the crime. means to reach the island is to ride on the motorboat owned by A. X
told A to bring him to the island because he is going to kill Y. A
The inducement must be strong enough that the person induced brought X to the island where X killed Y. A is a principal by
could hardly resist. This is tantamount to an irresistible force indispensable cooperation. His motorboat is the only means to reach
compelling the person induced to carry out the execution of the the island where Y resides. Without his cooperation X would not
crime. Thoughtless expression without intention to produce the have killed Y.
result is not an inducement to commit a crime.
NOTE: If contributory acts were made after the crime was
Q: A induced B to kill X by giving him Php 500, 000. For his part, B committed, the accused cannot be considered to be a principal by
induced C to kill for Php300, 000. C induced D to kill X for Php200, indispensable cooperation.
000. D killed X. Are A, B and C principals by
inducement?
Accomplices
A: A and B are not principals by inducement because they did not An accomplice is one who, not being included in Art. 17 as principal,
directly induce D to kill X. However, C is a principal by inducement cooperate in the execution of the offense by previous or
because he directly induced D to kill X. simultaneous acts. 
Elements 
1. The community of criminal design, that is, knowing the
Principal by Indispensable Cooperation criminal design of the principal by direct participation, he
concurs with the latter in his purpose; and 
Principal by indispensable cooperation are those who:  2. The performance of previous or simultaneous acts which are
1. Participated directly in the criminal resolution; or  not indispensable to the commission of the crime (People v.
2. Cooperated in the commission of the crime by performing an Tamayo, G.R. No. 138608, September 24, 2002). 
act, without which it would not have been accomplished.  An accomplice is also known as an accessory before the fact. 

Cooperation in the commission of the offense NOTE: In case of doubt, the participation of the offender will be
Cooperation in the commission of the offense means to desire or considered that of an accomplice rather than that of a principal. 
wish a common thing. But that common will or purpose does not
necessarily mean previous understanding, for it can be explained or Q: A, wanting to kidnap B while playing at a park, forced B to come
inferred from the circumstances of each case. with him at a nearby wharf. There, he saw C and D ready to leave,
with their boats. C, without putting any resistance and fully
acquiescing to the acts of A allowed him, to transport the kidnapped
victim, thereby facilitating the commission of the crime. Is C liable as 1. By previous act - lending a knife or a gun to the murderer,
an accomplice or a principal by indispensable cooperation?  knowing the latter’s criminal purpose. 
2. By simultaneous act - the defendant who held one of the
A: C is liable as an accomplice. His act was not indispensable to the hands of the victim and tried to take away the latter’s
commission of the crime because A may also use the boat of D in revolver, while his co- defendant was attacking him, is an
order to accomplish his criminal design. His simultaneous act was accomplice for he cooperated in the execution of the crime
necessary in the execution of the crime. If C was the only one who is by simultaneous act without any previous agreement or
present in the wharf, and A could not have accomplished the crime understanding (Estrada, 2008). 
except with the participation of C, then C would be a principal by
indispensable cooperation.  Accessories
---  Accessories are those who do not participate in the criminal design,
NOTE: In determining whether the offender is a principal or nor cooperate in the commission of the felony, but with knowledge
accomplice, the basis is the importance of the cooperation to the of the commission of the crime, he subsequently takes part in three
consummation of the crime.  ways by: 
Accomplice vis-à-vis Conspirator (BAR 2007)  1. Profiting or assisting the offender to profit by the effects of
the crime; 
1. An accomplice incurs criminal liability by merely cooperating 2. Concealing or destroying the body of the crime to prevent its
in the execution of the crime without participating as a discovery; and 
principal, by prior or simultaneous acts, whereas a
conspirator participates in the commission of a crime as a NOTE: Where the accused misleads the authorities by giving them
co-principal.  false information, such act is equivalent to concealment and he
2. An accomplice incurs criminal liability in an individual should be held as an accessory. 
capacity by his act alone of cooperating in the execution of
the crime while a conspirator incurs criminal liability not only 3. Harboring, concealing or assisting in the escape of the
for his individual acts in the execution of the crime but also principal of the crime. (BAR 2008) 
from the acts of the other participants in the commission of
the crime collectively. The acts of the other participants in The accessory comes into the picture when the crime is already
the execution of the crime are considered also as acts of a consummated, not before the consummation of the crime. 
conspirator for purposes of collective criminal responsibility.  NOTE: One cannot be an accessory unless he knew of the
3. An accomplice participates in the execution of a crime when commission of the crime; however, he must not have participated in
the criminal design or plan is already in place; whereas a its commission. 
conspirator participates in the adoption or making of the
criminal design.  If the offender has already involved himself as a principal or an
4. An accomplice is subjected to a penalty one degree lower accomplice, he cannot be held as an accessory any further even if he
than that of a principal, whereas a conspirator incurs the performed acts pertaining to an accessory. 
penalty of a principal. 
Other examples of cooperation by an Accomplice 
Instances when accessories are not criminally liable  loan. During the trial, MCB raised the defense that being the mother
1. When the felony committed is a light felony.  of DCB, she cannot be held liable as an accessory. Will MCB’s
2. When the accessory is related to the principal as spouse, or defense prosper? (BAR 2004)
as an ascendant, or descendant or as brother or sister
whether legitimate, natural or adopted or where the A: NO, MCB’s defense will not prosper because the exemption from
accessory is a relative by affinity within the same degree, criminal liability of an accessory by virtue of relationship with the
unless the accessory himself profited from the effects or principal does not cover accessories who themselves profited from or
proceeds of the crime or assisted the offender  assisted the offender to profit by the effects or proceeds of the
3. to profit therefrom (RPC, Art. 20).  crime. This non-exemption of an accessory, though related to the
principal of the crime, is expressly provided in Art. 20 (RPC).

Accessories who are exempt from criminal liability (BAR 1998, Q: Immediately after murdering Bob, Jake went to his mother to
2004, 2010)  seek refuge. His mother told him to hide in the maid’s quarter until
she finds a better place for him to hide. After two days, Jake
GR: An accessory is exempt from criminal liability, when the principal transferred to his aunt’s house. A week later, Jake was apprehended
is his:  by the police. Can Jake’s mother and aunt be made criminally liable
1. Spouse  as accessories to the crime of murder?
2. Ascendant  (BAR 2010)
3. Descendant 
4. Legitimate, natural, or adopted brother,  A: The mother is exempt from criminal liability under Art. 20 of the
5. sister or relative by affinity within the same degree.  RPC as a result of her relationship to her son; however, the aunt is
liable as accessory under Art. 19 paragraph 3 of the RPC if the
XPN: Accessory is not exempt from criminal liability even if the author of the crime is guilty of murder. The relationship between an
principal is related to him, if such accessory:  aunt and a nephew does not fall within the classification for
1. Profited by the effects of the crime; or  exemption.
2. Assisted the offender to profit from the effects 
3. of the crime.  Obstruction of Justice PD 1892
4. The exemption provided in this article is based on the ties of The purpose of the law is to discourage public indifference or apathy
blood and the preservation of the cleanliness of one’s name, towards the apprehension and prosecution of criminal offenders. It is
which compels one to conceal crimes committed by relatives necessary to penalize acts which obstructs or frustrates or tend to
so near as those mentioned in this article. Nephew and niece obstruct or frustrate the successful apprehension and prosecution of
are not included.  criminal offenders. 
5. Public officer contemplated under par. 3 of Art. 19 are
exempt by reason of relationship to the principal, even such PUNISHABLE ACTS 
public officer acted with abuse of his public functions.  Any person, who knowingly or willfully obstructs, impedes, frustrates
or delays the apprehension of suspects and the investigation and
Q: DCB, the daughter of MSB, stole the earrings of a stranger. MCB prosecution of criminal cases by committing any of the following
pawned the earrings with TBI Pawnshop as a pledge for Php500 acts: 
1. Preventing witnesses from testifying in any criminal Giving of false or fabricated information to mislead or prevent the
proceeding or from reporting the commission of any offense law enforcement agencies from apprehending the offender or from
or the identity of any offender/s by means of bribery, protecting the life or property of the victim or frabricating
misrepresentation, deceit, intimidation, force or threats;  information from the data gathered in confidence by investigating
2. Altering, destroying, suppressing or concealing any paper, authorities for purposes of background information and not for
record, document, or object, with intent to impair its verity, publication and publishing or disseminating the same to mislead the
authenticity, legibility, availability, or admissibility as investigator or the court (PD 1829, Sec. 1). 
evidence in any investigation of or official proceedings in,
criminal cases, or to be used in the investigation of, or NOTE: If any of the foregoing acts are committed by a public official
official proceedings in, criminal cases; (BAR 2005)  or employee, he shall, in addition to the penalties provided there
3. Harboring or concealing, or facilitating the escape of, any under, suffer perpetual disqualification from holding public office. 
person he knows, or has reasonable ground to believe or
suspect, has committed any offense under existing penal  Q: Senator Juan Ponce Enrile was charged under PD 1829, for
laws in order to prevent his arrest, prosecution and allegedly accommodating Col. Gregorio Honasan by giving him food
conviction;  and comfort in 1989. The complaint states that “knowing that Col.
4. Publicly using a fictitious name for the purpose of concealing Honasan is a fugitive from justice, Sen. Enrile did not do anything to
a crime, evading prosecution or the execution of a have Honasan arrested and apprehended.” While the complaint was
judgment, or concealing his true name and other personal filed, a charge of rebellion against Sen. Enrile was already instituted.
circumstances for the same purpose or purposes;  Is Sen. Juan Ponce Enrile liable under PD 1829? 
5. Delaying the prosecution of criminal cases by obstructing the
service of process or court orders or disturbing proceedings A: NO. Sen. Enrile could not be separately charged under PD 1829,
in the fiscal's offices, in Tanodbayan, or in the courts;  as this is absorbed in the charge of rebellion already filed against
6. Making, presenting or using any record, document, paper or Sen. Enrile (Enrile v. Hon. Admin., G.R. No. 93335, September 13,
object with knowledge of its falsity and with intent to affect 1990).
the course or outcome of the investigation of, or official
proceedings in, criminal cases;  While Art. 20 exempts certain persons from criminal liability, for
7. Soliciting, accepting, or agreeing to accept any benefit in being an accessory, PD 1829 penalizes the act of any person,
consideration of abstaining from, discounting, or impeding without any distinction, who knowingly or wilfully obstructs,
the prosecution of a criminal offender;  impedes, frustrates or delays the apprehension of suspects and the
8. Threatening directly or indirectly another with the infliction investigation and prosecution of criminal cases, which is an act of an
of any wrong upon his person, honor or property or that of accessory. Thus, those exempted as accessory to the crime
any immediate member or members of his family in order to committed under the Revised Penal Code can still be prosecuted as
prevent such person from appearing in the investigation of, principals for Obstruction of Justice under PD 1829. The benefits of
or official proceedings in, criminal cases, or imposing a the exception provided in Art. 20 of the RPC do not apply to PD 1829
condition, whether lawful or unlawful, in order to prevent a since under Art. 10 of the Revised Penal Code, offenses which are
person from appearing in the investigation of or in official punishable under special laws are not subject to the provisions of the
proceedings in, criminal cases; and  Code and shall only be supplementary to such laws. PD 1829, being
a special law, is thus controlling, with regard to offenses specially Penalties that may be imposed
punished. 
Only that penalty prescribed by law prior to the commission of the
Accessory charged simultaneously under Art. 19(3) and for felony may be imposed. No person shall be subject to criminal
violating PD 1829  prosecution for any act of his until after the State has defined the
A person who harbors, conceals or assist in the escape of an author crime and has fixed a penalty therefore (U.S. v. Parrone, G.R. No.
of the crime can be charged simultaneously as accessory under Art. 7038, January 7, 1913). It is a guaranty to the citizen of this country
19(3) and for violating PD 1829; what the Constitution prohibits is that no act of his will be considered criminal until the government
putting an accused twice in jeopardy for the same offense.  has made it so by law and has provided a penalty. 

Situations when a defendant may benefit from a favorable

Penalties  retroactive effect of a new law 
Penalties are the punishment inflicted by the State for the 1. The crime has been committed and prosecution begins; 
transgression of a law.  2. Sentence has been passed but service has not begun; and 
3. The sentence is being carried out. 
Juridical conditions of penalty 
1. Productive of suffering, without affecting the integrity of the Applicability of the principle of retroactivity to special laws 
human personality.  It is applicable even to special laws which provide more favorable
2. Commensurate with the offense.  conditions to the accused (U.S. v. Soliman, G.R. No. 11555, January
3. Personal – no one should be punished for the  6, 1917). 
4. crime of another. 
5. Legal – it must be a consequence of a judgment  Illustration: RA 9346 expressly recognized that its enactment would
6. according to law.  have retroactive beneficial effects; referring as it did to "persons
7. Certain – no one may escape its effects.  whose sentences were reduced to reclusion perpetua by reason of
8. Equal to all.  this Act". The benefit of Article 22 has to apply, except as to those
9. Correctional.  persons defined as "habitual criminals." (People v. Bon, G.R. 166401,
October 30, 2006). 
Purpose of the state in punishing crimes: 
The State has an existence of its own to maintain, a conscience to Non-applicability of principle of retroactivity 
assert, and moral principles to be vindicated. Penal justice must 1. A new law increases the civil liability; 
therefore be exercised by the State in the service and satisfaction of 2. A new law is expressly made inapplicable. 
a duty, and rests primarily on the moral rightfulness of the
punishment inflicted. 

NOTE: The basis of the right to punish violations of penal law is the
police power of the State. 
Act Prohibiting the imposition of Death Penalty RA9346 Purpose of the law 
The penalty meted out was thus reduced to reclusion perpetua. For justice, because the State has an existence of its own to
Furthermore, Sec. 3 (RA 9346) provides that “persons convicted of maintain, a conscience to assert and moral principles to be
offenses punished with reclusion perpetua, or whose sentences will vindicated. Penal justice rests primarily on the moral rightfulness of
be reduced to reclusion perpetua, by reason of this Act, shall not be the punishment imposed (Gregorio, 2008). 
eligible for parole under Act No. 4103, known as the Indeterminate
Sentence Law, as amended.”  Effect of an absolute repeal of penal laws
GR: The effect of depriving a court to its authority to 
Death penalty is not abolished  punish a person charged (Boado, 2008). 
Death penalty is not abolished. It is only prohibited to be imposed XPN: 
(People v. Muñoz, 170 SCRA 107, February 9, 1989).   Inclusion of a saving clause in the repealing statute that
provides that the repeal shall have no effect on pending
For the purposes of determining the proper penalty due to the actions. 
presence of mitigating and aggravating circumstances, or due to the  Where the repealing act re-enacts the former statute and
nature of the participation of the offender, it remains in the statute, punishes the act previously penalized under the old law. In
and it shall be reckoned with. What is prohibited in RA 9346 is only such instance, the act committed before the re-enactment
the imposition of the death penalty.  continues to be an offense, regardless of whether the new
penalty to be imposed is more favorable to the accused
NOTE: However, the corresponding civil liability should be the civil (Benedicto v. CA, G.R. 125359, September 4, 2001). 
liability corresponding to death (People v. Salome, G.R. No. 169077,
August 31, 2006).  Example: RA 10158, otherwise known as “An Act Decriminalizing
Vagrancy”. 
Penalty imposed in lieu of the death penalty 
In lieu of the death penalty, the following shall be imposed: 
Classification of Penalties
 Reclusion perpetua ‐ when the law violated makes use of the Principal penalties- those expressly imposed by the court in the
nomenclature of the penalties of the RPC; or judgement of conviction
 Life imprisonment ‐ when the law violated does not make
use of the nomenclature of the penalties of the RPC (Sec. Accessory penalties – those that are deemed included in the
2).  imposition of the principal penalties.

Persons convicted of offenses punished with reclusion perpetua, or Scale in Art. 25 - General classification based on severity, nature,
whose sentences will be reduced to reclusion perpetua, by reason of and subject matter.
this act, shall not be eligible for parole under Act No. 4103 otherwise
known as the Indeterminate Sentence Law (as amended R.A. 9346, Scale in Art. 70 – For successive service of sentences imposed on the
Sec 3).  same accused, in consideration of the severity and nature.

Scale in Art 71 –For graduating penalties

Application of Penalties court cannot impose the penalty of Reclusion Perpetua, which is
higher than Reclusion Temporal, the penalty for homicide.
Rules for application of penalties which contain three periods.
(Maximum, medium, and minimum) 7. The court can determine the extent of the penalty “within
the limits of each period, according to the number” and
1. No aggravating and no mitigation — medium period “nature” of the aggravating and mitigating circumstances
2. Only a mitigating — minimum period and the greater or lesser “extent of the evil” produced by the
3. Only an aggravating — maximum period crime.

NOTE: When there are two aggravating circumstances and there is Eg. Under Rule 7, the court can impose an intermediate penalty
no mitigating circumstance, the penalty prescribe by law for the between four months and one day to six months. It may impose four
crime should be imposed in its maximum period. months and one day, five months, or six months.

4. When there are aggravating and mitigating — the court shall NOTE: Article 64 is not applicable when the penalty is indivisible or
offset those of one class against the order according to their prescribe by special law or fine.
relative weight.
In what cases are mitigating and aggravating circumstances are not
NOTE: Mitigating must be ordinary, no privileged; aggravating must considered?
be generic or specific, not qualifying or inherent. When the penalty is single and indivisible.

5. Two or more mitigating and no aggravating — penalty next  In felonies through negligence. Rules and application are
lower in the period applicable, according to the number and found on Article 365 of the RPC
nature of the circumstances  The penalty to be imposed upon a MORO or other Non-
Christian inhabitants. It lies in the discretion of the trial
Eg. Penalty for the offense is Reclusion Temporal Maximum to court, irrespective of the attending circumstances.
Reclusion Perpetua. That penalty should be lowered by one  When the penalty is only fine imposed by an ordinance.
degree because or presence of mitigating.  When the penalties are prescribed by special laws.

Penalty should be taken from: Maximum Penalty — Prison Mayor

Maximum to Reclusion Temporal medium. Minimum Penalty —
Prison correctional maximum to Presion Mayor medium.

6. No penalty greater than the maximum period of the penalty

prescribe by law shall be imposed, no matter how many
aggravating circumstances are present.

Eg. Even if four generic aggravating circumstances attended the

commission of homicide without any mitigating circumstance, the
 The court must determine two penalties, referred to in the
INDETERMINATE SENTENCE LAW – An act to provide
for the indeterminate sentence and parole for all ISL as the MAXIMUM and MINIMUM terms.
persons convicted on certain crimes by the courts of The Law should be applied in imposing a prison sentence for
the Philippines Islands; To create a board of a crime punishable either by special law or by RPC.
indeterminate sentence and to provide funds therefor
and for other purpose. When Crime is punished by the code
MAXIMUM= that which could be properly imposed under the RPC,
in view of attending circumstances
POINTS
1. Indeterminate Sentence Law MINIMUM= within the range of the penalty next lower to the
o Requires the courts to impose an indeterminate sentence prescribed code for the offense
with a maximum and minimum term for offenses punishable
by the RPC and Special Laws NOTE: In determining the minimum term, it is left entirely within the
o With the passage of the ISL, the law created a prison term discretion of the court to fix within the range of the penalty next
which consists of a minimum and a maximum term called lower without reference to the period into which it may be
the indeterminate sentence. subdivided.

NOTE: The penalty is considered “Indeterminate” because after the

convict serves the minimum term, he or she may become eligible for
parole under the ISL. Which lease the period between the minimum When Crime is punished by the code
and the maximum term indeterminate in the sense that he or she
MAXIMUM= shall no exceed the maximum fixed by such law.
may, under the conditions set out in said Act, be released from
service said period in whole or in part.
MINIMUM= shall not be less than the minimum term prescribe by
PURPOSE law.
o The purpose of the indeterminate Sentence Law is to “uplift
and redeem valuable human material, and prevent ILLUSTRATION OF INDETERMINATE PENALTY BASED ON
unnecessary and excessive deprivation of personal liber and ARTICLE 48, 61, 64, 68, 69 ETC. OF THE RPC.
economic usefulness.”
o It also aims to individualize the administration of criminal 1. Indeterminate penalty when neither mitigating
law. circumstance nor aggravating circumstance attended
the commission of a crime. (Art. 64, Par. 1)
THE COURT MUST DETERMINE TWO PENALTIES
Art. 64, Par 1 MINIMUM= Prision Mayor *with/ without referencing to the
 When Penalty is Single and Indivisible, penalty for the crime referencing to the period which it may be subdivided.
will be the one next lower in degree

CASE: A was sentenced to Reclusion Temporal for a crime of 4. Indeterminate Penalty, when there are mitigating
homicide. (No mitigating and aggravating) and aggravating (Art. 64, Par. 4)

MAXIMUM= Reclusion Temporal Art. 64, Par. 4

MINIMUM= Prision Mayor  When there are aggravating and mitigating — the court shall
2. Indeterminate Penalty when there is one ORDINARY offset those of one class against the order according to their
mitigating circumstance. (Art. 64, Par. 2) relative weight.

Art. 64, Par. 2 CASE: A was sentenced to Reclusion Temporal for a crime of
 Only a mitigating — minimum period homicide.

CASE: A was sentenced to Reclusion Temporal for a crime of Mitigating: surrendered voluntarily to authority
homicide. Mitigating circumstance: A pleaded guilty. Aggravating: committing homicide at nighttime purposely sought

MAXIMUM= Reclusion Temporal in minimum period MAXIMUM= Reclusion Temporal in minimum period
MINIMUM= Prision Mayor *with/ without referencing to the MINIMUM= Prision Mayor *in any of its periods or anywhere within
referencing to the period which it may be subdivided. its range.

3. Indeterminate penalty, when there is only an

5. Indeterminate Penalty when the crime committed is
aggravating circumstance. (Art. 64, Par. 3)
complex under Art. 48.

Art. 64, Par. 3

Art. 48
 Only an aggravating — maximum period
 When a single act constitutes two of more grave or less
grave felonies, or when the offense is a necessary means for
CASE: A was sentenced to Reclusion Temporal for a crime of
committing the other, the penalty for the most serious crime
homicide. Aggravating circumstance: Insult or disregard of the
shall be imposed, the same to be applied in its maximum
respect due the offended party on account of his rank or age.
period.

MAXIMUM= Reclusion Temporal in maximum period

NOTE: Art. 48 says “penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.” MAXIMUM= Prision Correctional in Maximum
MINIMUM= Arresto Mayor in Maximum
CASE: A was convicted of a complex crime of frustrated homicide
with assault upon a agent of a person in authority.
7. Indeterminate Penalty, when the accused is
-Penalty for homicide = Reclusion Temporal convicted of a complex crime and there are two
-Since attempted it will be 1 degree lower = Prision Mayor mitigating circumstance without any aggravating
-Penalty for assault = Prision correctional in medium-maximum circumstance (Art. 48 and 64, par. 5)

Because it is complex, penalty for most serious crime which is Art. 48

frustrated homicide will be Prision Mayor in Maximum  When a single act constitutes two of more grave or less
grave felonies, or when the offense is a necessary means for
MAXIMUM= Prision Mayor in Maximum committing the other, the penalty for the most serious crime
MINIMUM= Prision Correctional in Maximum shall be imposed, the same to be applied in its maximum
period.

6. Indeterminate Penalty, when the penalty is next Art 64. Par. 5

lower by two degrees that that prescribe by law for  Two or more mitigating and no aggravating — penalty next
the crime threatened and there is one aggravating lower in the period applicable, according to the number and
circumstance nature of the circumstances

CASE: A threatened to kill B if he would not give him a certain CASE: A committed crime of estafa through falsification of public by
amount of money. A failed to attain purpose because he was a public officer. Penalty for more serious crime which is falsification
arrested by police upon complaint of B. is Prision Mayor.

Under Article 282 of RPC, crimes under grave threats if not attained With the presence of 2 mitigating (voluntary surrender and please of
is punishable with a penalty lower by 2 degrees than that prescribe guilt) penalty next lower to that provided by law shall be imposed.
by law.
For purpose of ISL penalty next lower should be determined before
-Penalty for homicide = Reclusion Temporal applying minimum period as provided by ISL.
-One Aggravating= Reclusion Temporal in Maximum
-Lower by 2 degrees= Prision Correccional in Maximum -Penalty for falsification= Prision Mayor
-2 mitigating= Prision Correccional in Maximum (Bec. Complex
crime)

MAXIMUM= Prision Correccional in Maximum

MINIMUM= Arresto Mayor in any period

8. Indeterminate sentence, when there are privileged

mitigating and ordinary mitigating circumstance.

CASE: A, a minor, was found guilty of murder upon a plea of guilt.

Because he is a minor, the court suspended the sentence and
ordered minor to TSBW. Because he was incorrigible in training
school, A was returned to the court for imposition of proper penalty.

Penalty for murder= Reclusion temporal in max to death

9. Indeterminate Penalty, when there are two
GR: Lower first the penalty prescribe by the Code by 1 degree privileged mitigating and ordinary mitigating
(because of mitigatin9 circumstance). Make penalty next lower as circumstance.
the starting point for determining the minimum of the ISL. One
minimum is determine, the penalty which was made the starting CASE: A, a minor under 18 killed B who was the unlawful aggressor.
point will be the maximum of the ISL. A did not give sufficient provocation to B. But the means employed
by A to defend was not reasonable.
See photo for application
There are 2 privilege mitigating: (1) Minority under Art. 68, and (2)
Incomplete self-defense Art. 69.

Art. 68
 (penalty) always lower by two degrees at least than that
prescribe by law for the crime which he committed

Art. 69
  A penalty lower by one or two degrees than that prescribe CASE: A Killed B in incomplete self-defense. There was unlawful
by law shall be imposed if the deed is not wholly excusable aggression on the part of B and lack of sufficient provocation on the
by reason of the lack of some of the conditions required to part of A. But the means employed by A in defending himself was
justify the same… not reasonable. A acted with obfuscation and, after killing B,
surrendered himself to the authorities. There was no aggravating
-Penalty for homicide= Reclusion Temporal circumstance.
-lower by 2 degrees= Prision Correctional in Minimum
-Penalty for homicide= Reclusion Temporal
MAXIMUM= Prision Correccional in Minimum -lowered by 2 degreed = Prision Correccional
MINIMUM= Arresto Mayor in Minimum
MAXIMUM= Prision Correccional
MINIMUM= Arresto Mayor

10. Indeterminate Penalty, when there is incomplete

defense, without any ordinary mitigating or
aggravating
12. Indeterminate penalty, when the penalty prescribe
CASE: A woman who stabbed and killed a man who placed his hand by the code is reclusion temporal in its maximum
on her upper thigh, without any provocation on her part, was given a period to death (penalty for murder) and there are
reduced penalty by 2 degrees. (Art. 69) two mitigating circumstance and no aggravating.

-Penalty for homicide= Reclusion Temporal CASE: A committed murder, qualified by treachery, with the
-lower by 2 degrees= Prision Correctional in Medium mitigating circumstance of voluntary plea of guilt and voluntary
surrender, and without any aggravating circumstance.
MAXIMUM= Prision Correccional in Medium
MINIMUM= Arresto Mayor in Medium -Penalty murder=Reclusion temporal Maximum to death
-1 degree lower= Prision mayor Max to RT Mid

11. Indeterminate Penalty when there is incomplete MAXIMUM=Prision mayor Max - Reclusion temporal Mid
defense with 2 ordinary mitigating circumstance , MINIMUM=Presion Correccional Max - Prision Mayor Mid
and without any aggravating
 13. Indeterminate Penalty, when the crime committed is
robbery in inhabited house, and the penalty is to be ISL not applicable to the following:
lowered by one degree
1. Persons convicted of offenses punished with death penalty
CASE: A pleaded guilty to the charge of robbery in an inhabited or life imprisonment
house defined and penalized in Article 299 of the Code. 2. Those convicted of treason, conspiracy or proposal to
commit treason.
3. Those convicted of misprision of treason, rebellion, sedition
-Penalty for robbery in an inhabited house= Reclusion Temporal or espionage.
-There being no allegation that A was armed penalty to be imposed 4. Those convicted of piracy.
in minimum period next lower= Prision mayor in minimum 5. Those who are habitual delinquent.
-Since no aggravating and mitigating it shall be imposed in the 6. Those who shall have escaped from confinement or evaded
medium period= Prision Mayor in medium sentence.
7. Those who violated the terms of conditional pardon granted
MAXIMUM=Prision Mayor medium to them by the Chief Executive.
MINIMUM=Presion Correccional *within the period 8. Those whose maximum term of imprisonment does not
exceed one year.
*The minium of the ISL is within the range of the penalty next lower 9. Those who upon the approval of the law (Dec. 5, 1933) had
degree from Prision mayor (distrgarding the fact that there is an been sentenced by final judgement.
imposed minimum period). 10. Those sentenced to the penalty of destierro or suspension

Factors that may be taken into consideration by the court in

POINTS fixing the minimum penalty
1. Age, especially with reference to extreme youth or age;
ISL not applicable when unfavorable to the accused 2. Hi general health and physical conditions;
3. His mentality, heredity and personal habits;
 If penalty under ISL will increase the duration of the 4. His previous conduct, environment and mode of life
sentence of the accuse, ISL will not be applicable. 5. His previous education;
6. His proclivities and aptitude for usefulness or injury to
The law on indeterminate sentence as a rule is intended to favor the society;
defendant in a criminal case particularly to shorten his term 7. His demeanor during trial and his attitude with regards to
depending upon his behavior etc. the crime committed;
 8. The manner and circumstances in which the crime was -ISL does not apply to destierro since the benefit of the law are
committed; expressly granted to those who are sentenced to imprisonment.
9. The gravity of the offense. -While habitual delinquents are not entitled to an indeterminate
sentence, a recidivist FOR THE FIRST TIME may be given the
Reason for fixing the minimum and maximum penalties int benefits of ISL (People v Yu Lian, CA., 40 OG 4205)
the ISL:
Three-Fold Rule
o Whenever any prisoner shall have served the minimum Systems of penalties relative to two or more penalties imposed on
penalty imposed on him, and it shall appear to the Board of one and the same accused 
Indeterminate Sentence that such prisoner is fitted for
1. Material accumulation system - no limitation whatever. All the
release, said Board may authorize the release of such
penalties for all violations were imposed even if they reached beyond
prisoner on parole, upon such terms and conditions as may the natural span of human life. 
be prescribe by the Board. 1. Juridical accumulation system - limited to not more than the
o Whenever such prisoner released on parole shall, during the three-fold length of time corresponding to the most severe
period of surveillance, violate any of the conditions of his and in no case exceed 40 years. (BAR 2013) 
parole, the Board may issue an order for his arrest. In such 2. Absorption system - the lesser penalties are absorbed by the
graver penalties. It is observed in the imposition of the
case, the prisoner so rearrested shall serve the remaining
penalty in complex crimes, continuing crimes, and specific
unexpired portion of the maximum sentence. crimes like robbery with homicide, etc. 
o Even if a prisoner has already served the minimum, but he is
not fitted for release on parole, he shall continue to serve Three-Fold Rule 
imprisonment until the end of the maximum. Three-fold rule means that the maximum duration of a convict’s
sentence shall not be more than three times the length of time
corresponding to the most severe of the penalties imposed upon him
Mandatory but in no case exceed 40 years. 
o Is is mandatory in the cases specified therein, for it employs
the phrase “convicts shall be sentenced” and “the court shall Application of the Three-Fold Rule 
sentence the accused to an interminate sentence.” The rule applies if a convict has to serve at least four sentences,
continuously. 

NOTE: All the penalties, even if by different courts at different times,

NOTE: cannot exceed three-fold to most severe penalty. 
-Confinement means imprisonment. Thus A minor who escaped
training school for boys does not acquire the status if escaped Rule if the culprit has to serve 2 or more penalties (Art. 70, RPC) 
prisoner as to be excluded by the ILS since his nature of If the culprit has to serve 2 or more penalties, he shall serve them
confinement is not considered imprisonment. simultaneously if the nature of the penalties will so permit.
 2. Penalty imposed is fine only- subsidiary imprisonment:
Otherwise, the penalties shall be served successively on the order of a. Not to exceed 6 months - if prosecuted for grave or less
their severity as follows:  grave felony.
1. Death  b. not to exceed 15 days - prosecuted for light felony.
2. Reclusion perpetua 
3. Reclusion temporal  3. Penalty imposed is higher than prision correccional – no
4. Prision mayor  subsidiary imprisonment. 
5. Prision correccional 
6. Arresto Mayor  4. Penalty imposed is not to be executed by confinement, but
7. Arresto Menor  of fixed duration – subsidiary penalty shall consist in the
8. Destierro  same deprivations as those of the principal penalty, under
9. Perpetual absolute disqualification  the same rules abovementioned. 
10. Temporary absolute disqualification 
11. Suspension from public office, the right to vote  There is no subsidiary penalty for nonpayment of damages to the
12. and be voted for, the right to follow profession  offended party. 
13. or calling 
14. Public censure  Requirement to pay the fine after the convict has suffered
subsidiary personal liability 
NOTE: The three-fold rue applies only when the total of all the Notwithstanding the fact that the convict suffered subsidiary
penalties imposed exceeds the most severe multiplied by three. personal liability, he shall pay the fine in case his financial
circumstances should improve. 

Instances when subsidiary penalty is NOT imposed 

Subsidiary Imprisonment 1. There is no subsidiary penalty if the penalty imposed by the
Fine % P583.00 court is prision mayor, reclusion temporal, or reclusion
perpetua. (BAR 2013) 
Subsidiary imprisonment NOT an accessory penalty  2. No subsidiary penalty for nonpayment of: 
o Reparation of the damage caused 
Subsidiary imprisonment is not an accessory penalty, it is a principal o Indemnification of the consequential 
penalty thus it has to be stated before the offender can benefit from o  damages 
it.  o The cost of the proceedings 
Rules as to subsidiary imprisonment 
3. When there is no fixed duration 
1. Penalty imposed is prision correccional or arresto and fine – 4. Nonpayment of income tax 
subsidiary imprisonment, not to exceed 1/3 of the term of
the sentence, and in no case to continue for more than one
Applicability of subsidiary imprisonment to violations of special laws 
year. Fraction or part of a day, not counted. 
Persons convicted of violation of special laws are liable to subsidiary
imprisonment in case of insolvency in the payment of indemnity,
except where the indemnity consists in unpaid internal revenue tax
(People v. Domalaon, C.A., 56 O.G. 5072, citing People v. Moreno,
60 G.R. No. 41036, October 10, 1934). 

Modification and extinction of Criminal Liability

Prescription of Penalties
The State or the People lose the right to prosecute the crime or to
demand service of the penalty imposed (Santos v. Superintendent,
G.R. No. 34334, November 28, 1930). 

Prescription of crimes (Art. 90, RPC) (BAR 1994, 1997, 2004, 2010) 
Those punishable by: 
1. Death, reclusion perpetua, reclusion temporal in twenty (20)
years; 
2. Other afflictive penalties (prision mayor) in fifteen (15)
years; 
3. Correctional penalty (prision correccional) in ten (10) years; 
4. Arresto mayor in five (5) years; 
5. Light offenses in two (2) months. 

When the penalty fixed by law is a compound one, the highest

penalty shall be made the basis of the application of prescription
(Art. 90, RPC). 

Rule where the last day of the prescriptive period falls on a

Sunday or a legal holiday 
In Yapdiangco v. Buencamino, the Court said that in such a case, the
information may no longer be filed the next day as the crime has
already prescribed (G.R. No. L-28841, June 24, 1983). 
Prescription of Penalties
1. Death and reclusion perpetua in twenty (20) years; 
2. Other afflictive penalties (reclusion temporal to prision
mayor) in fifteen (15) years; 
3. Correctional penalty (prision correccional) in ten (10) years; 
4. Arresto mayor in five (5) years; and 
5. Light penalties in one (1) year. 

Rule in Prescription of Penalties

1. The period of prescription of penalties commences to run
from the date when the culprit evaded the service of his
sentence.

It will be interrupted when:

1. Convict gives himself up
2. Be capture
3. Goes to a foreign country with which we have no extradition
treaty
4. Commits another crime before the expiration of the period of
prescription.

Elements of prescription of penalties 

1. That the penalty is imposed by final sentence; 
2. That the convict evaded the service of the sentence by
escaping during the term of his 
3. sentence; 
4. That the convict who escaped from prison has 
5. not given himself up, or been captured, or gone to a foreign
country with which we have no extradition treaty, or
committed another crime; and 
6. That the penalty has prescribed because of the lapse of time
from the date of the evasion of the service of the sentence
by the convict (Reyes, 2008). 

Q: Petitioner Adelaida Tanega failed to appear on the day of the

execution of her sentence. On the same day, respondent judge
issued a warrant for her arrest. She was never arrested. More than a Rule on extinguishment of criminal liability by the marriage of the
year later, petitioner through counsel moved to quash the warrant of offended woman to her offender in seduction, abduction, rape and
arrest, on the ground that the penalty had prescribed. Petitioner acts of lasciviousness 
claimed that she was convicted for a light offense and since light
offenses prescribe in one year, her penalty had already prescribed.  The extinguishment of criminal liability by the marriage of the
Is the motion meritorious?  offended woman to her offender in seduction, abduction, rape and
acts of lasciviousness is not an absolute rule. The marriage must be
A: NO, the penalty has not prescribed as she did not evade her contracted in good faith. Hence, a marriage contracted only to avoid
service of sentence. For purpose of prescription of penalties, Art. 93 criminal liability is devoid of legal effects (People v. Santiago, 51 Phil.
of the Revised Penal Code, which provides that the prescription of 68). 
penalties “shall commence to run from the date when the culprit
should evade the service of his sentence,” must be understood in the Likewise, in cases of multiple rapes, the subsequent valid marriage
light of Art. 157, as the concept of evasion of sentence is readily of the offender and the offended party will not extinguish criminal
provided for in this Article (Tanega v. Masakayan, G.R. No. 141718, liability (Sandoval, 2010). 
January 21, 2005). 
Compromise does NOT extinguish criminal liability 
A crime is a public offense which must be prosecuted and punished
Pardon by the Offended party by the Government on its own motion even though complete
reparation should have been made of the damage suffered by the
GR: Pardon by the offended party does not result to extinguishment offended party (People v. Benitez, 59 O.G. 1407). 
of criminal action. A crime committed is an offense against the State.
In criminal cases, the intervention of the aggrieved parties is limited NOTE: There may be a compromise upon the civil liability arising
to being witnesses for prosecution.  from an offense; but such compromise shall not extinguish the public
action for the imposition of the legal penalty (NCC, Art. 2034). 
XPN: Pardon by an offended party in the crimes of adultery and
concubinage will be a bar to criminal prosecution, provided, they Pardon by the Executive Chief
pardoned both offenders. Provided further, it must be made before
the institution of criminal prosecution. Pardon here may be implied Pardon- It is an act of grace proceeding from the power entrusted
(Art. 344).  with the execution of the laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for the
In the crimes of seduction, abduction, rape or acts of lasciviousness, crime he has committed. 
there shall be no criminal prosecution if the offender has been
pardoned by the offended party or her parents, grandparents or A pardon, whether absolute or conditional, is in the nature of a deed,
guardian. Provided, the pardon in such cases must be express.  for the validity of which is an indispensable requisite. Once accepted
by the grantee, the pardon already delivered may not be revoked by
NOTE: Pardon by the wife in favor of the husband found guilty of the granting authority (Reyes, 2008). 
raping her extinguishes the penalty. 
Effects of pardon by the President  Pardon vis-à-vis Amnesty (BAR 2006)
In pardon, the convict is excused from serving the sentence but the
GR: A pardon shall not restore the right to hold  effects of conviction remain unless expressly remitted by the pardon;
1. public office or the right of suffrage. 
hence, for pardon to be valid, there must be a sentence already final
2. XPN: When either or both rights are expressly restored by
the terms of the pardon.  and executory at the time the same is granted. Moreover, the grant
3. It shall not exempt the culprit from the payment of the civil is in favor of individual convicted offenders, not to a class of
indemnity. The pardon cannot make an exception to this convicted offenders; and the crimes subject of the grant may be
rule.  common crimes or political crimes. The grant is a private act of the
Chief Executive which does not require the concurrence of any other
Limitations upon the exercise of the pardoning power  public officer.
1. The power can be exercised only after conviction; and 
2. Such power does not extend to cases of impeachment. 
In amnesty, the criminal complexion of the act constituting the crime
Extinguishment of the effect of the accessory penalties attached to it is erased, as though such act was innocent when committed; hence
by pardon of the principal penalty the effects of the conviction are obliterated. Amnesty is granted in
favor of a class of convicted offenders, not to individual convicted
GR: Pardon of the principal penalty does not extinguish the effect of offenders; and the crimes involved are generally political offenses
the accessory penalties attached to it. When the principal penalty is not common crimes. Amnesty is a public act that requires
remitted by pardon, only the effect of that principal penalty is
concurrence of the Philippine Senate. (BAR 2015)
extinguished. The rights are not restored unless expressly restored
by the terms of the pardon. 
Q: A, while serving sentence for homicide escaped but was re-
XPN: When an absolute pardon is granted after the term of arrested, and was sentenced for evasion of service of sentence.
imprisonment has expired, it removes all that is left of the Later on, he was granted absolute pardon for homicide. He now
consequences of conviction (Cristobal v. Labrador, G.R. No. L-47941, claims that the pardon includes the evasion of service since the latter
December 7, 1940).  crime occurred because of Homicide. Is A’s contention correct?

Amnesty
A: NO. Pardon by the Chief Executive must specify the crime and
does not include those not specified in the pardon.
It is an act of sovereign power granting oblivion or a general pardon
for a past offense, and is rarely, if ever exercised in favor of a single
individual, and is usually exerted in behalf of persons, who are
subject to trial, but have not yet been convicted (Brown v. Walker,
161 U.S. 602).
BOOK TWO
CRIMES AGAINST NATIONAL SECURITY

DEFFINITION OF TERMS
ANTI- PIRACY AND ANTI-HIGHWAY ROBBERY  PIRACY
Any attack upon or seizure of any vessel by means of
INTENTION OF THE LAW violence against or intimidation of persons or force upon
o The law penalizes those found guilty of piracy and highway things committed by any person including a passenger or
robbery. member of the complement of the said vessel in Philippine
o Under the whereas clause, the law was created following waters.
reports from law-enforcement agencies that lawless
elements are still committing acts of depredation on persons  VESSEL
traveling thru land an sea. Any vessel or watercraft used for transport of passenger and
o The law also aims to discourage from perpetrating such acts cargo from one place to another through Philippine waters.
of depredation by imposing heavy penalties. It shall include all kinds and types of vessels or boats used in
fishing.
Acts of Depredation
An act of preying upon or plundering.  PHILIPPINE WATER
Refers to all bodies of water, such as but not limited to seas,
e.g. Robbery; ravage etc. gulfs, bays around, between and connecting each other of
the islands of the Philippine Archipelago, irrespective of its
depth breath, length or dimension, and all other waters
ELEMENTS IN PIRACY: belonging to the Philippines by historic or legal title,
o Attack of seizure of a vessel through Philippine waters including territorial sea, the sea-bed, the insular shelves, and
o Attacking the vessel, cargo, equipment or personal other submarine areas over which the Philippines has
belongings of the passenger sovereignty or jurisdiction.
o Through violence, intimidation, or force
o Committed by any person (including passengers or crew)  HIGHWAY ROBBERY
The seizure of any person for ransom, extortion or other
ELEMENTS IN HIGHWAY ROBBERY: unlawful purpose, or the taking away of the property of
o Seizure of a person for ransom, extortion or other unlawful another by means of violence against or intimidation of
purpose, or taking the property of another. person or force upon things or other unlawful means,
o Through force intimidation or violence or other unlawful committed by any person on any Philippine Highway.
means
o Committed by any person (every one)  PHILIPPINE HIGHWAY
o On a Philippine highway It shall refer to any road, streets, passage, highway and
bridge or other parts thereof, or railway or railroad within
 the Philippines used by persons or vehicles, or locomotives Rape, murder or homicide Death
or trains for the movement or circulation of persons or Offender abandons the victim Death
transportation of goods, articles, or property or both. without means of saving them
Boarding a vessel Death

HIGHWAY ROBBERY/ BRIGANDAGE

WHO ARE LIABLE: o Reclusion Perpetual in medium period
PIRACY
o Any person including a passenger or members of the Aggravating Circumstances
complement of the vessel.
Acts Penalty
HIGHWAY ROBBERY/ BRIGANDAGE Physical injuries or other crimes Reclusion Temporal in Medium
o Any person (one or more) for the purpose of seizing another to Maximum period
for random extortion or other unlawful purpose, including Kidnapping for ransom, Death
the taking of property or another by means of violence. extortion, murder or homicide

PUNISHABLE ACTS: NOTE: Any person who aids or protect any pirates of highway
PIRACY robbers by giving information, abetting the commission of the crime,
o Attack or seizure of any vessel by means of violence against/ deriving any benefit, receiving property taken, they shall be
intimidation of persons/ force upon things. considered as an accomplice and shall be punished in accordance
with the rules of the RPC.
HIGHWAY ROBBERY/ BRIGANDAGE
o The seizure of any person for ransom, extortion, or other Number of perpetrators in brigandage is no longer essential.
unlawful purpose.
o Taking away of the property of another by means of violence CASE
against, intimidation of person, or force upon things or People vs Dela Pena
other unlawful means. Facts:
Dela Pena was charged, with the crime of piracy defined under
Presidential Decree (PD) No. 532 allegedly committed as follows that
PENALTIES on or about the 24th day of September 2005, along the river bank of
PIRACY Barangay San Roque, Province of Samar, the accused, conspiring
o Reclusion Temporal in its medium and maximum period and mutually helping one another, with deliberate intent to gain, by
means of force and intimidation, feloniously take and carry away
Aggravating Circumstances valuable items (13 sacks of dried coconuts valued at P7,537.00; 2
pieces automatic watch valued at P6,796.00; 1 piece ([SJaudi gold)
Acts Penalty valued at P4,731.00; 1 [Niokia cellphole 3350 valued at P3,615.00[J
Physical injuries or other crimes Reclusion Perpetua 1 unit Briggs and [Stratton] 16 horse power with propeller valued at
P26,000.00[J cash money worth [P]1,000.00, all amounting to aircraft of Philippine registry, or to seize or usurp the control
P49,679.00 to the damage and prejudice of the said owner. while it is in flight.
o It shall be unlawful for a person (natural or juridical) to load
Appellant interposed an alibi and claimed that the Information did or carry in any passenger aircraft or any substance which
not state that the vessel in question was in Philippine waters. are poisonous, explosive, flammable, corrosive etc.

Issue: DEFFINITION OF TERMS

Whether or not appellant is guilty of piracy. o IN FLIGHT
The moment all its external doors are closed following
Ruling: embarkation until any of such doors are opened for
Yes, the elements of piracy under PD 532 are all present. disembarkation.
Section 2(d) of PD 532 defines piracy as follows: Any attack upon or
seizure of any vessel, or the taking away of the whole or part thereof o EXPLOSIVES
or its cargo, equipment, or the personal belongings of its Any substances when mixed liberates het and gas at high
complement or passengers. irrespective o the value thereol, by speed causing explosion.
means of violence against or intiridation of persons or force upon
things, commilled by any person, including a passenger or member
o FLAMMABLE
of the complement of said vessel, in Philippine waters shall be
Any substances or material that is highly combustible and
considered as piracy.
self-igniting.
Under Section 2(a) of PD 532, "Philippine waters" is defined as
follows: (Alli bodies of water, xxx and all other waters
belonging to the Philippines × xx and other submarine areas o CORROSIVE
over which the Philippines has sovereignty or jurisdition Any substance when through chemical reaction wears away,
impairs or consumed any object.
It is clear that a river is considered part of Philippine waters. The
information also clearly alleged that the vessels cargo, equipment, o POISONOUS
and personal belongings of the passengers were taken by the Any substance or material which through chemical reaction
appellant and his armed companions. The appellant was able to kills, injures, impairs a living organism or person.
seize these items when he, along with armed companions, boarded
the victims' pump boat and seized control of the same.
PUNISHABLE ACTS:
HIJACKING OF PHILIPPINE REGISTERED AIRCRAFT
o By compelling a change in the course of a destination
ANTI-HIJACKING LAW o Seizing or usurping control.

INTENTION OF THE LAW NOTE: Only applicable if in flight

o Section 1 of the law says that is shall be unlawful for a
person to compel a change in the course or destination of an o If not in flight, the crime is grave coercion under the RPC.
 aircraft or attempt thereof but not more than 50K
If accompanied by murder, 15 years – death / fine of 25K
homicide, serious physical but not more than 50K
injuries or rape

HIJACKING OF FOREIGN REGISTERED AIRCRAFT

o By compelling to land in the Philippines Shipping of E,F,C,P
o Seizing or usurping control while in the Philippines o 5 years but not more than 10 years
o or fine of not less than 10K but not more then 20K
NOTE: Whether in flight or not.
Provided: Crime committed by juridical person
**Also punishable acts** -Penalty shall be imposed upon the manager, representative,
o Philippine Public passenger aircraft director etc.
-Shipping, loading or carrying any explosive, flammable,
corrosive and poisonous substance and materials. Crime committed by/ interest of foreign corporation legally
doing business in the Philippines:
o Philippine public cargo aircraft -Penalty imposed on resident agent, manager,
-Shipping, loading, carrying any explosive, flammable, representative, etc.
corrosive, poisonous substances or material not in -license to do business will also revoked.
accordance with the regulation issued by the civil aviation
authority. NOTE: No absorption of death, injury and damage to property

PENALTIES
HIJACKING
o Imprisonment of 12 years but not more then 20 years CRIMES AGAINST THE FUNDAMENTAL LAWS OF
o Or by a fine not less than 20K but not more then 40K THE STATE

Human Security Act of 2007 (RA No. 9372)

Aggravating Circumstances
It is declared a policy of the State to protect life, liberty, and
Acts Penalty property from acts of terrorism, to condemn terrorism as inimical
Firing upon the pilot, member 15 years – death / fine of 25K
and dangerous to the national security of the country and to the
of the crew or passenger of the but not more than 50K
aircraft welfare of the people, and to make terrorism a crime against the
Use of explosives to destroy the 15 years – death / fine of 25K Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall
uphold the basic rights and fundamental liberties of the people as
enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a

ANTI-TORTURE LAW
comprehensive approach, comprising political, economic, diplomatic,
OVERVIEW
military, and legal means duly taking into account the root causes of Anti-torture Act of 2009, which penalizes physical acts by persons in
terrorism without acknowledging these as justifications for terrorist authority or their agents that cause “severe pain, exhaustion,
and/or criminal activities. Such measures shall include conflict disability or dysfunction” on detainees as well as mental or
management and post-conflict peace-building, addressing the roots psychological acts calculated to affect or confuse the mind or
of conflict by building state capacity and promoting equitable undermine a person’s dignity and morale.
economic development.
The law also outlaws secret detention places and solitary
confinement and provides for rehabilitation of victims and
Nothing in this Act shall be interpreted as a curtailment, restriction or compensation.
diminution of constitutionally recognized powers of the executive
branch of the government. It is to be understood, however that the It prescribes penalties ranging from imprisonment of one month and
exercise of the constitutionally recognized powers of the executive one day, to reclusion perpatua (20 years and one day to 40 years,)
department of the government shall not prejudice respect for human depending on the gravity of the acts committed.
rights which shall be absolute and protected at all times.
INTENTION OF THE LAW
PERIOD OF DETENTION o To value the dignity of every human person and guarantee
full respect for human rights.
Human Security Anti-Terrorism o To ensure that no person shall be placed under investigation
Detention 3 days 14 days- extendable or held in custody of any person in authority shall be
subjected to physical, psychological or mental harm or any
to 10 days
manner that degrades human dignity.
Penalty 20-40 years Life imprisonment o To ensure that secret detention places and other similar
w/o parole forms where torture is committed will be prohibited.
If wrongly accused Each day of X o To fully adhere to the principle and standards on the
detention P500,000 absolute condemnation and prohibition of torture as
provided for in the 1987 constitution, as well as adherence
to international standards.

DEFFINITION OF TERMS
 o TORTURE WHO ARE LIABLE:
act by which severe pain or suffering, whether physical or IN GENERAL: Any person who actually participated or
mental, is intentionally inflicted on a person for such purpose induced another in the commission of torture, who
of obtaining information or confession. It does not include cooperated in the execution of the act of torture of other
pain and suffering caused or arising from inherent in or cruel, inhuman and degrading treatment shall be liable as
incidental to lawful sanctions. principal.

o VICTIM o Person in authority or an agent of a person in authority

Refers to the person subjected to torture o Any superior military
o Immediate commanding officer
o PHYSICAL TORTURE
a form of treatment or punishment inflicted by a person in
authority or agent of a person in authority. ELEMENTS OF TORTURE:
o An intentional act is inflicted on a person
(e.g.) beating, food deprivation, punching, kicking, forceable o Which causes pain or suffering either physical or mental
feeding, electric shock, rape and sexual abuse. o The act is inflicted by, or instigation of, or with the consent
or acquiescence of a person in authority or his agent
o MENTAL TORTURE o For the purpose of obtaining information or confession,
Acts which are calculated to affect or confuse the mind and punishment, intimidation, or any reason based on
or undermine a person’s dignity and morale. discrimination of any kind.

(e.g.) Blindfolding, threating a person’s his/her relative, PENALTY

confinement in solitary cells or secret detention, prolonged GR: Reclusion Perpetua is the punishment for a person guilty of
interrogation, denial of sleep. torture.

Reclusion Perpetua in its Maximum Period if the circumstance are

ACTS PUNISHABLE attended by: (1) Person dies, (2) mutilation, (3) rape, (4) sexual
o Physical torture abuse, (5) victim becomes imbecile, impotent, or blind.
a form of threat or punishment inflicted by a person in
authority or agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion,
disability or dysfunction of one or more parts of the body.
SALIENT POINTS
o Mental Torture o Any confession or admission obtained as a result of torture
are calculated acts to affect or confuse the mind and or shall be inadmissible in evidence in any proceeding. But can
undermine the person’s dignity and morale. be used as evidence against the person accused of
 committing torture. gunpowder, cartridge case and primer or loaded shell for use
un any form.
o Torture is a crime separate and independent from aby other
crime that was committed. If a person dies from torture, o FIREARM
he/she is guilty of 2 separate crimes. Refers to any handheld or portable weapon the expels or
designed to expel a bullet which is discharged by means of
o If the commission of any of the crime against persons and expansive force of gases from burning powder.
against personal liberties and securities is attended by
torture or other cruel and inhumane treatment, the penalty o ARMS SMUGGLING
shall be in its maximum period. Refers to the import, export, acquisition sale, deliver
movement or transfer of firearms from one country to
o Torture can be committed thru negligence given that another which is not authorized or in accordance with
commanding officer knows the commission of the crime by domestic law in either or bouth country.
his subordinate and he did not take preventive or corrective
action at any time. o AUTHORIZED DEALER
Any person, legal entity, corporation, partnership or business
entity duly licensed by the FEO of the PNP

o AUTHORIZED IMPORTER
CRIMES AGAINST PUBLIC ORDER Any person, legal entity, corporation, partnership of business
licensed by the FEO of the PNP to engage in the importation
for firearms in the territory of the Philippines.
COMPREHENSIVE LAW ON FIREARMS
o AUTHORIZED MANUFACTURER
INTENTION OF THE LAW Refers to the any person legal entity, corporation, or
The law provides a comprehensive law regulating the ownership, partnership duly licensed by the FEO of the PNP to
possession, carrying, manufacture, dealing in and importation of manufacture firearms for the purpose of distribution.
firearms, ammunition, or parts thereof, in order to provide legal
support to law enforcement agencies in their campaign against o Permit to carry firearm outside of residence
crime, stop the proliferation of illegal firearms or weapons and the A written authority issued by the chief of PNP allowing the
illegal manufacture of firearms or weapons, ammunition and parts person to carry the firearm from outside his residence for
thereof. the duration and purpose of the authority.

o Permit to transport firearm

DEFFINITION OF TERMS
A written authority issued by the chief of PNP allowing the
o AMMUNITION
person transport the firearm from one specific location to
Refers to a complete unfired unit consisting of a bullet,
 another specific location within the duration and purposed of provided in the previous provided
the authority. paragraph if firearms are in the
following condition:
-Loaded with ammunition or
inserted magazine
ACTS PUNISHABLE -Fitted our mounted with laser
(ANY PERSON WHO:) or any gadget used to guide a
o Unlawful acquisition, or possession of firearms and shooter
ammunition -Fitted or mounted with sniper
o Absence of permit to carry outside of residence scopes
o A juridical entity knowingly allowing any person to use the -accompanied with an extra
entity’s firearm in a crime of to use unregistered firearms barrel
o Unlawful manufacture, importation, sale or disposition of -converted to be capable of
firearms or ammunition or parts thereof firing full automatic burts
o Arms smuggling Unlawful manufacturing, Prison Mayor in its medium
o Tampering, obliteration or alteration of firearms identification importation, sale or disposition period
o Failure to notify the PNP or lost or stolen firearms or of a of firearms
change of address Arms smuggling Reclusion Perpetua
o Transferring possession of firearm to an unlicensed person. Tampering, obliteration of Prision Correctional to prision
firearms identification Mayor in its minimum period
Failure to report lost or stolen Fine of 10K
PENALTY firearm

Punishable Acts Penalty SALIENT POINTS

o A person who wants to carry his firearm outside of residence
Any person who shall unlawfully Prision Mayor in its medium
acquire or possess a small arm period should, in addition to having a license to won must also
3 or more small arms or Class-A Reclusion temporal – reclusion secure a permit to carry. Only those whose life is under
light weapon are unlawfully perpetua actual threat or is in imminent danger may apply for a
acquired or possessed by any permit.
person
(e.g.) Members of the Philippine Bar, Certified Public
Any person who shall unlawfully Prision Mayor in Maximum
Accountant, Accredited Media Practitioners, Cashiers, Bank
acquire or possessed a Class-A period
Tellers, Engineers etc.
weapon
Any person who shall unlawfully Reclusion Perpetua
acquire or possess a Class-B o A person who wants to use his firearm/s in a firing range or
light weapon competition sites should apply for a permit to transport his
1 degree higher then that 1 degree higher than that registered firearm.
 o Upon the death or legal disability of the holder of a firearm Liner, a public utility jeepney heading towards the Cogon Market.
license, the nearest relative or legal representative or other Eventually, accused-appellant was arrested after a chase by PO2
person who shall knowingly come into possession of the Intud and PO2 Monilar. His three companions were caught in a
firearm shall deliver the same to the PNP within six (6) follow-up operation. During the arrest, PO2 Intud and PO2 Monilar
months after the death or disability otherwise the possessor searched accused-appellant's person and recovered a .25 caliber
shall be liable for illegal possession. pistol replica, a fragmentation grenade with an M204A2 fuse
assembly, a flathead screwdriver, and a transparent heat-sealed
o To possess a firearm, one must register the firearm and plastic sachet containing a white crystalline substance believed to be
secure a license to own and possess the firearm. Only methamphetamine hydrochloride. The police officers found out that
SMALL arms may be registered by license person for accused-appellant had no license or permit to possess the M61 hand
ownership, possession and concealed carry. A LIGHT grenade as well as the .25 caliber pistol, though a replica.
weapon shall be lawfully acquired or possessed exclusively
by the AFP, PNP and other law enforcement agencies. Accused-appellant boarded, on the other hand, stated that he was
o The use of an imitation firearm in the commission of a crime handcuffed by two civilian-dressed persons who suddenly
shall be considered a real firearms except for injuries caused approached after he alighted from the jeepney he was riding in.
by the occasion of the conduct of competitions, sports, Startled, accused-appellant resisted, saying he did nothing wrong.
games or any recreation activities involving imitation He was then brought by his captors to Police Station 1-Divisoria
firearms. where his bag was confiscated. Afterwards, another person came to
the police station with a grenade and a pistol replica claiming that
these were found inside accused-appellant's bag. Accused-appellant
CASE was then forced by the police officers to admit to illegally possessing
People vs. Olarte the grenade and imitation pistol.
Facts:
PO2 Intud and PO2 Monilar were members of Task Force "Boy Solo," The RTC rendered a joint judgment finding accused-appellant guilty
a team formed in response to reports that a lone gunman was beyond reasonable doubt of illegal possession of a hand grenade, for
believed to be responsible for several robbery incidents at Pabayo the following reasons: (a) an accused may be arrested and searched
and Chavez Streets in Cagayan de Oro City. On July 19, 2014, at without warrant when he/she is attempting to commit an offense;
around 1:30 P.M.,the two were conducting discreet monitoring and (b) frame-up, denial, and alibi are weak and self-serving
operations in the area. During their watch, they noticed a man defenses which cannot overcome the affirmative and straightforward
walking towards a branch of LBC Express. His features resembled allegations of the prosecution's witnesses. However, it dismissed the
"Boy Solo" whose image was shown in closed circuit television case of illegal possession of a .25 caliber pistolreplica against
(CCTV) footages of past robberies in the area. As "Boy Solo" was accused-appellant because the Information in Criminal Case No.
about to enter the establishment, he pulled out a firearm which 2014-831 was defective. It only alleged that the pistol replica was
prompted PO2 Intud and PO2 Monilar to immediately run towards merely possessed and not used in the commission of a crime as
the suspect. "Boy Solo, however, noticed the police officers running contemplated in Section 35, Article V of R.A. No. 10591. The CA
towards him so he ran away. "Boy Solo's" companions - Randy P. affirmed such decision by the RTC. Hence, this appeal.
Tandoy, Dexter D. Caracho and Rodel B. Rubilla, acting as his
lookouts, also fled from their posts. They all boarded a Cugman Issue:
Whether or not accused-appellant was guilty beyond reasonable included in the global watchdog’s grey list, which would hurt
doubt of violating R.A. 10591 the economy.

Ruling:
Yes, he was. Associated with the essential elements of the crime, the
term "corpus delicti" means the "body or substance of the crime and,
in its primary sense, refers to the fact that the crime has been
actually committed." Its elements are: (a) that a certain result has
been proved (e.g., a man has died; and (b) that some person is
criminally responsible for the act. DEFFINITION OF TERMS

In the crime of illegal possession of firearms, the corpus delicti is the o Money Laundering
accused's lack of license or permit to possess or carry the firearm, as It is committed by any person knowing that any money,
possession itself is not prohibited by law. To establish the corpus instruments or property represents, involves or relates to the
delicti, the prosecution has the burden of proving that the firearm proceeds of any unlawful activity. 
exists and that the accused who owned or possessed it does not
have the corresponding license or permit to possess or carry the NOTE: Unlawful activity here is referred to as predicate crimes
same. However, even if the existence of the firearm must be
established, the firearm itself need not be presented as evidence for o Covered Transactions
it may be established by testimony, even without the presentation of is a transaction in cash or other equivalent monetary
the said firearm. instrument involving a total amount in excess of P500,000
within 1 banking day.

o Suspicious Transaction
Transactions with covered institutions regardless of the
CRIMES AGAINST PUBLIC ORDER amount where ay of the following circumstances exist:
-No underlying legal or trade obligations, or purpose
ANTI-MONEY LAUNDERING -The client is not properly identified
-The amount involved is not commensurate with the
INTENTION OF THE LAW business or financial capacity of the client.
-any circumstances relating to the transaction which deviate
o The law was created after the Philippine was at risk of being from the profile of the client
included in the international “grey list” of nations falling -Any transaction that is similar or analogous to any of the
short of global money-laundering rules if it fails to enact and foregoing.
effectively implement a new anti-money laundering and anti-
terrorism bill. PROSECUTION OF THE MONEY LAUNDERING OFFENSE
o The prosecution of the predicate crime and the money
Because failure to do so could lead to the Philippines being laundering offense are separate and independent.
JURISDICTION OVER MONEY LAUNDERING OFFENSE
o If no public officer is involved= RTC
otherwise the Sandiganbayan will have jurisdiction

Asset Preservation
The RTC may during the pendency of Civil Forfiture may issue
exparte a provisional asset preservation order forbidding any
transaction of other disposition of the subject monetary instrument ACTS PUNISHABLE AND PERSON’S LIABLE
for a period of 20 days. After the summer hearing, the RTC may
issue a dinal asset preservation order.

Freeze Order

Period of Freeze Order cannot be indefinite

The effectivity of a freeze order may be extended by the CA for
period not exceeding 6 months. Before or upon the lapse of this
period, the government should have already filed a case for civil
forfeiture against the property owner with the proper courts and
accordingly secure an asset preservation order or it should have filed
necessary information. Otherwise the property owner should already
be able to enjoy his property without any legal process affecting it.
Should an extension be necessary, it should file the necessary
motion before the expiration of the six-month period explaining the
reason for its failure to file appropriate case.

Examples of Unlawful Activity

 CASE
Republic vs. Council vs. Glasgow Credit and Collection Services
FACTS:
 
On July 18, 2003, petitioner filed a complaint for civil forfeiture of
assets with the RTC of Manila against the bank deposits in account
number CS – 005-10-000121- 5 maintained by GLASGOW in CSBI.
The case was filed pursuant to RA 9160 or the Anti-Money
Laundering Act of 2001.
 
On July 21, 2003, the RTC of Manila issued a 72-hour TRO. And on
NOTE: August 8, 2003 a writ of preliminary injunction was issued.
An action for civil forfeiture may be separately and Meanwhile, summons to GLASGOW was returned “unserved” as it
independently prosecuted and resolved. could no longer be found at its last known address.
 
On October 8, 2003, petitioner filed a verified omnibus motion for a)
issuance of alias summons and b) leave of court to serve summons
by publication. On October 15, 2003, the trial court directed the
issuance of alias summons. No mention was made of the motion for
leave of court to serve summons by publication.
 
On January 30, 2004, the trial court archived the case for failure of
the Republic to serve alias summons. The Republic filed an ex parte
omnibus motion to reinstate the case and resolve the motion for
leave of court to serve summons by publication.

 On May 31, 2004, the trial court ordered the reinstatement of the
case directing the Republic to serve the alias summons to Glasgow
and CSBI within 15 days.
 
On July 12, 2004, petitioner received a copy of the sheriff’s return
stating that the alias summons was returned “unserved” as
GLASGOW was no longer holding office at the given address since
July 2002.
 
On August 11, 2005, petitioner filed a manifestation and ex parte it to the process of the court. Since this account was covered by
motion to resolve its motion for leave of court to serve summons by several suspicious reports and placed under the control of the trial
publication. court upon the issuance of the writ, the conditions provided in
  Section 12 (a) of RA 9160 were satisfied. The petitioner properly
On August 12, 2005, the OSG received a copy of GLASGOW’s motion instituted the complaint for civil forfeiture.
to dismiss by way of special appearance alleging that 1) the court
had no jurisdiction over its person as summons had not yet been
served on it 2) the complaint was premature and stated no cause of
action and 3) there was failure to prosecute on the part of the
Republic.
 
On October 17, 2005, the trial court dismissed the case on the
grounds of 1) improper venue 2) insufficiency of the complaint in
form and substance and 3) failure to prosecute and lifted the writ of
preliminary injunction.

Petitioner filed a petition for review. 

 
ISSUE: CRIMES RELATIVE TO OPIUM AND OTHER
  PROHIBITED DRUGS
Whether or not the complaint for civil forfeiture was properly
instituted.
   RA 9165
RULING: Comprehensive Dangerous Drugs Act of 2022
  (as amended by RA 10640)
Sec. 12 (a) of RA 9160 provides two conditions when applying for  
civil forfeiture: Intention of the law
3. when there is suspicious transaction report or a covered -The state recognizes the need to enhance further the efficacy of the
transaction report deemed suspicious after investigation by the law against dangerous drug it being one of today’s more serious
AMLC; social ills.
4. the court has, in a petition filed for the purpose; ordered the -Pursue an intensive and unrelenting campaign against the
seizure of any monetary instrument or property, in whole or in part, trafficking and use of dangerous drugs
directly or indirectly, related to said report. -provide effective mechanism or measures to re-intergrade into
  society individuals who fall victims to dangerous drugs. 
   
The writ of preliminary injuction issued on August 8, 2003 removed Def. of terms
account no. CA-005-10-000121-5 from the effective control of either  
GLASGOW or CSBI or their representatives or agents and subjected
Administer. – Any act of introducing any dangerous drug into the of any dangerous drug and/or controlled precursor and essential
body of any person, with or without his/her knowledge, by injection, chemical.
inhalation, ingestion or other means, or of committing any act of  
indispensable assistance to a person in administering a dangerous Punishable Acts
drug to himself/herself unless administered by a duly licensed  The Comprehensive Dangerous Drugs Act of 2002 lists down the
practitioner for purposes of medication. following punishable acts: 
Chemical Diversion. – The sale, distribution, supply or transport of  
legitimately imported, in-transit, manufactured or procured a. Importation of dangerous drugs and/or controlled
controlled precursors and essential chemicals, in diluted, mixtures or precursors and essential chemicals 
in concentrated form, to any person or entity engaged in the b. Sale, trading, administration, dispensation, delivery,
manufacture of any dangerous drug, and shall include packaging, distribution and transportation of dangerous drugs
repackaging, labeling, relabeling or concealment of such transaction and/or controlled precursors and essential
through fraud, destruction of documents, fraudulent use of permits, chemicals 
misdeclaration, use of front companies or mail fraud. c. Maintenance of a den, dive, or resort where any
Clandestine Laboratory. – Any facility used for the illegal dangerous drug is used or sold in any form 
manufacture of any dangerous drug and/or controlled precursor and d. Manufacture of any dangerous drug and/or
essential chemical. controlled precursors and essential chemicals 
Cultivate or Culture. – Any act of knowingly planting, growing, e. Cultivation or culture of plants classified as
raising, or permitting the planting, growing or raising of any plant dangerous drugs or are sources thereof 
which is the source of a dangerous drug. f. f) Illegal possession of any dangerous drug in
Dangerous Drugs. – Include those listed in the Schedules annexed quantities as determined by the Dangerous Drugs
to the 1961 Single Convention on Narcotic Drugs, as amended by the Board (DDB) 
1972 Protocol, and in the Schedules annexed to the 1971 Single g. Possession of equipment, instrument, apparatus and
Convention on Psychotropic Substances as enumerated in the other paraphernalia for dangerous drugs and/or
attached annex which is an integral part of this Act. controlled precursors and essential chemicals 
Den, Dive or Resort. – A place where any dangerous drug and/or h. Criminal liability of a public officer or employee for
controlled precursor and essential chemical is administered, misappropriation, misapplication or failure to
delivered, stored for illegal purposes, distributed, sold or used in any account for confiscated, seized and/or surrendered
form. dangerous drugs, plant sources of dangerous drugs,
Drug Syndicate. – Any organized group of two (2) or more persons controlled precursors and essential chemicals,
forming or joining together with the intention of committing any instruments/paraphernalia and/or laboratory
offense prescribed under this Act. equipment including the proceeds or 
Financier. – Any person who pays for, raises or supplies money for, i. properties obtained from the unlawful act/s
or underwrites any of the illegal activities prescribed under this Act. committed. 
Illegal Trafficking. – The illegal cultivation, culture, delivery,  
administration, dispensation, manufacture, sale, trading, Who are liable?
transportation, distribution, importation, exportation and possession o Anyone who is involved in any of the punishable acts enumerated
above is liable for prosecution under the law. This includes not only
the principal actors but also accomplices, accessories, and 4. Forensic Examiner reseals items, stores it until submission in
conspirators. court.
  5. FE brings sealed items to court as part of prosecution’s evidence.
   
   
  NOTES:
   Qualifying aggravating circumstance
Attempt or Conspiracy, effect on liability  -A positive finder for the use of dangerous drugs shall be qualifying
o Attempt and conspiracy to commit any of the punishable acts are aggravating circumstance.
also covered under the law, and those who are found guilty of these Attempt and conspiracy
offenses may be held liable for the same penalties as those who  -The penalty for an attempt or conspiracy to import, sell,
actually committed the crime. manufacture and cultivate drugs and to maintain a den, dive or
  resort is the same as the consummated crime. 
Witnesses, Marking, Custody and disposition of confiscated, Accessory penalties
seized and/or surrendered drugs (Sec. 21)  -A person convicted under this law shall be disqualified to exercise
o Section 21 of the Comprehensive Dangerous Drugs Act of 2002 his/her civil rights such as but not limited to the rights of parental
sets out the rules on handling confiscated, seized, and/or authority or guardianship, either as to the person or property of any
surrendered drugs. It provides for the marking, custody, and ward, the rights to dispose of such property by any act or
disposition of these drugs, as well as the guidelines for handling conveyance inter vivos, and political rights such as but not limited to
witnesses in drug cases.  the rights to vote and be voted for.
Chain of Custody Drug testing
   -The following shall be subjected to undergo drug testing:
1. Duties of Apprehending Team o Applicants for firearms license and for permit to carry firearms
a.    Marking of drug paraphernalia  outside of resident
b.    Physical inventory and Photographing o Students of secondary and tertiary schools
  o Officers and employees of public and private offices
 If with warrant - where it was served o Officers and members of the military, police and other law
 If w/o warrant – neared police station enforcement agencies
  Prima Facie evidence of use of dangerous drugs
c. Presence of:  -A person arrested for violation of this act and he appears to be
a. Accused/ legal representative under the influence of dangerous drugs shall undergo a screening
b. Elected public official laboratory examination or test. Of the screening test is positive, a
c. Representative from the Media confirmatory test shall be conducted is also positive, it shall be prima
  facie evidence that such person has used dangerous drugs.
2. Turnover to investigating officer Exemption from criminal liability
3. Investigating Officer turns over seized items to forensic laboratory  -A drug dependent who voluntary enters a rehabilitation program
for examination and certification (within 24hrs) shall be exempted from the criminal liability under section 15
provided that he:
o Has complied with the rules and regulation of the rehabilitation Hernandez and his team, as perimeter security. The planned
center entrapment operation was coordinated with the Philippine Drug
o Has never been charged or convicted of any crime or offense Enforcement Agency (PDEA) Region 4-A, through a Coordination
o Has no record of escape from a rehabilitation center Report, and Pre-Operation Report, both dated July 20, 2016 (same
o Poses no serious danger to himself or to the community by his day). 
exemption from criminal liability. After arranging a transaction with accused-appellant, the buy-bust
Plea bargaining is allowed is the following cases: team, together with the CI, proceeded to the target area. Upon
 1. Sale of shabu – less then 1 gram arrival thereat, the CI introduced PO1 Bayangan to accused-
 2. Sale of marijuana – less then 10 grams appellant as the buyer of shabu. Upon receipt of the money,
 3. Possession of shabu, opium, , cocaine – less then 10gram accused-appellant gave a small plastic sachet to PO1 Bayangan.
 4. Possession of Marijuana – less then 500 grams Having ascertained that the plastic sachet contained suspected
 5. Possession of equipment pr paraphernalia shabu, PO1 Bayangan touched accused-appellant's arm to signal the
 6. Employees and visitors of a den, dive or resort rest of the team that the sale had been consummated.  
Q: A was caught in a place believed to be a drug den. Hence PO1 Bayangan conducted a body search and recovered from
there is a violation of Sec. of this Act. Can A be subjected to possession of accused-appellant 3 more plastic sachets of suspected
a mandatory drug testing and can A refuse? shabu, marked money, and two Php100 bills.   
 A: Yes, A can refuse. To impose mandatory drug testing in the                    
accused is a blatant attempt to harness a medical test as a tool for RTC ruled that the accused-appellant is guilty. This is affirmed by
criminal prosecution contrary to the objectives of the law and a CA. However, the accused-appellant denied the charges against him
violation to his right to privacy. Furthermore, drug testing will only saying that it was a frame-up.
be administered for those arrested from drug crime under Sec 15  
which are importation, sale, trading, delivery, distribution,  
transportation, manufacture and possession of dangerous drugs. ISSUE:
  WON Aloria violated Sections 5 (Sale) and 11 (Possession) of RA
  9165.
                              
  RULING:
CASES: RTC & CA ruling affirmed. Aloria is guilty beyond reasonable doubt of
#1 Illegal Sale of Dangerous Drugs and Illegal Possession of Dangerous
People vs Ariel Escasura y Aloria, G.R. No. 255947, March 28, 2022 Drugs, under Section 5 &11, Article 2 of RA 9165.            
   
FACTS:                                     The Court holds that the police operatives strictly complied with
At around 6:45 p.m. on July 20, 2016, PO1 Bayangan of the Section 21, Article 2 of RA 9165 (chain of custody), as well as its
Philippine National Police, Bay, Laguna, received a report from a IRR.
confidential informant (CI) that accused-appellant was engaged in  
illegal drug activities. Upon confirmation of the information, Police Discussion:
Senior Inspector (PSI) Marlon M. Calonge (PSI Calonge) organized a 1st link (seizure and marking) was complied with: The accused-
buy-bust team, with PO1 Bayangan as the poseur buyer, and PO3 appellant asserts that the witneses should have been present at the
time of his arrest. HOWEVER, the court stresses that the said the plea bargaining proposal. Thereafter, judgment was promulgated
witneseeses are needed only during the actual conduct of inventory convicting Reafor for violation of Section 12 of R.A. No. 9165. 
and photography of the seized items and NOT during the seizure. ISSUE: Whether or not the judgment is valid.
  HELD: No. The judgment is void ab initio. The basic requisites of
2nd link (turn over to investigating officer) was complied with:  plea bargaining are (a) consent of the offended party (b) consent of
The accused-appellant argues that PO1 Bayangan failed to observe the prosecutor, (c) plea of guilty to a lesser offense which is
the 2nd link in the chain of custody because he merely presented the necessarily included in the offense charged, and (d) approval of the
seized evidence to the duty investigator. HOWEVER, the court ruled court.
that this is sufficient compliance with the 2nd link as the investigator #3
had actual view of the same during the conduction of the Estipona vs Lobrigo, G.R. No 226679, August 15, 2017
investigation and preparation done for the developing criminal case.  
  SALVADOR A. ESTIPONA, JR., Petitioner, vs. HON. FRANK E.
3rd link (turn over for laboratory examination) was complied with:    LOBRIGO, Presiding Judge of the Regional Trial Court of Legazpi
PO1 Bayangan who personally brought the specimens to the crime City, Branch 3, and PEOPLE OF THE PHILIPPINES, Respondents.
laboratory together with the Requests for Laboratory Examination
and Drug Test.   FACTS: Estipona was charged with an offense under RA 9165. He
4th link (submission to the court) was complied with: wants to enter into a plea bargaining agreement but Judge Lobrigo
The accused-appellant avers that this was not complied with because did not allow him to do so because Section 23 specifically prohibits
the testimony of Police Chief Inspector Bombasi was limited only to plea bargaining in drugs cases. Estipona argues that Section 23 is
her conduct of examination of the seized drugs and the result unconstitutional.
yielded. HOWEVER, the defense upholds that the specimen was  
retrieved in the same condition as when she turned-over the same to  ISSUE:
the evidence custodian after Bombasi conducted the forensic  
examination.  Is Section 23 of RA 9165, which prohibits plea-bargaining in drugs
Hence, the prosecution complied with the standard in handling the cases, unconstitutional?
evidence in establishing the chain of custody.  
   HELD: Yes, Section 23 of RA 9165 is unconstitutional for two
#2 reasons. First, it violates the equal protection clause since other
People vs Ewin Reafor y Comprado, GR 247575, November 16, 2020 criminals (rapists, murderers, etc.) are allowed to plea bargain but
  drug offenders are not, considering that rape and murder are more
G.R. No. 247575 – Remedial Law – Criminal Procedure – Rule 116 – heinous than drug offenses. Second, it violates the doctrine of
Plea Bargaining – Judgment on a lesser plea without the consent of separation of powers by encroaching upon the rule-making power of
the prosecution is void the Supreme Court under the constitution. Plea-bargaining is
Edwin Reafor was charged of violating Section 5 of R.A. No. 9165 procedural in nature and it is within the sole prerogative of the
(selling of illegal drugs). He proposed to plead guilty to the lesser Supreme Court.
offense of possession of illegal drug paraphernalia under Section 12
of R.A. No. 9165. The prosecution objected to the plea bargaining
proposal but despite the objection, the trial court gave due course to
CRIMES COMMITTED BY PUBLIC OFFICERS participation including promise of future employment in any business
enterprise or undertaking;
ANTI-PLUNDER 9. 5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of decrees
The anti-plunder law penalizes the unlawful acts by a public officer and orders intended to benefit particular persons or special interests;
through misappropriation, malversation of public funds. or
10. 6) By taking undue advantage of official position, authority,
DEF. AND TERMS. relationship, connection or influence to unjustly enrich himself or
themselves at the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
“public officer”- A “public officer” means any person holding any
public office in the Government of the Republic of the Philippines by
virtue of an appointment, election or contract. SERIES- refers to two or more overs or criminal acts falling under
the same category of enumeration found in sec. 1 and sec. 2
“government” - “Government” includes the National Government, COMBINATION- refers to at least two acts falling under different
and any of its subdivisions, agencies or instrumentalities, including categories of enumeration provided in sec. 1 and sec 2 of the law.
government-owned or -controlled corporations and their subsidiaries. PATTERN- consists of at least a combination or series of overt or
criminal acts enumerated in subsection 1 to 6. Pattern is directed
“ill-gotten wealth”? Ill-gotten wealth means any asset, property, towards a common purpose or goal which is to enable the public
business enterprise or material possession of any person within the officer to amass, accumulate, or acquire ill-gotten wealth.
purview of Section 2 (defining the crime of plunder) of the law,
acquired by him directly or indirectly through dummies, nominees, ACTS PUNISHABLE.
agents, subordinates and/or business associates by any combination o That the offender is a public officer who acts by himself or in
or series of the following means or similar schemes: connivance with members of his family, relatives by affinity
or consanguinity, business associates, subordinates or other
5. 1) Through misappropriation, conversion, misuse, or persons;
malversation of public funds or raids on the public treasury; o 2. That he amassed, accumulated or acquired ill-gotten
6. 2) By receiving, directly or indirectly, any commission, gift, wealth through a combination or series of the following overt
share, percentage, kickbacks or any other form of pecuniary benefit or criminal acts: (a) through misappropriation, conversion,
from any person and/or entity in connection with any government misuse, or malversation of public funds or raids on the public
contract or project or by reason of the office or position of the public treasury; (b) by receiving, directly or indirectly, any
officer concerned; commission, gift, share, percentage, kickback or any other
7. 3) By the illegal or fraudulent conveyance or disposition of form of pecuniary benefits from any person and/or entity in
assets belonging to the National Government or any of its connection with any government contract or project or by
subdivisions, agencies or instrumentalities or government-owned or - reason of the office or position of the public officer; (c) by
controlled corporations and their subsidiaries; the illegal or fraudulent conveyance or disposition of assets
8. 4) By obtaining, receiving or accepting directly or indirectly belonging to the National Government or any of its
any shares of stock, equity or any other form of interest or subdivisions, agencies or instrumentalities of Government
owned or controlled corporations or their subsidiaries; (d) by
 obtaining, receiving or accepting directly or indirectly any nominees or transferees shall not be barred by prescription, laches,
shares of stock, equity or any other form of interest or or estoppel
participation including the promise of future employment in
any business enterprise or undertaking; (e) by establishing
agricultural, industrial or commercial monopolies or other CASE
combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or 1.G.R. No. 224162, November 07, 2017 Napoles vs.
(f) by taking advantage of official position, authority, Sandiganbayan
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage FACTS: 
and prejudice of the Filipino people and the Republic of the On September 16, 2013, the Office of the Ombudsman received the
Philippines; and, report of the National Bureau of Investigation (NBI), regarding its
o 3. That the aggregate amount or total value of the ill-gotten investigation on several persons, including Napoles, former Senator
wealth amassed, accumulated or acquired is at least Juan Ponce Enrile (Enrile) and his former Chief of Staff, Atty. Jessica
P50,000,000.00. Lucila Reyes (Reyes). NBI recommended to prosecute Napoles,
former Senator Enrile, Reyes, and several other named individuals
What is the applicable penalty upon conviction? The for the crime of Plunder for essentially misappropriating former
applicable penalty for the crime of Plunder, under R.A. 7080 (as Senator Enrile’s Priority Development Assistant Fund (PDAF) through
amended by R.A. 7659), is reclusion perpetua to death. The death non-governmental organizations (NGOs) that were selected without
penalty, however, was already abolished, which means that the the required bidding procedure.
applicable penalty is reclusion perpetua, without prejudice to other Thus, in an Information dated June 5, 2014, Napoles, together with
accessory penalties that may be imposed by the court. former Senator Enrile, Reyes, Ronald John Lim and John Raymund
De Asis, were charged with Plunder filed with the Sandiganbayan.
Upon conviction, what is the other penalty in addition to The Information stated that: the accused unlawfully amassed P172
imprisonment?  Million pesos through a combination or series of overt criminal acts:
In case of conviction by final judgment, the accused shall lose all repeatedly receiving kickbacks or commissions funded from Enrile’s
retirement or gratuity benefits under any law. However, if the PDAF targeting Napoles’s NGOs as recipients which turned out to be
accused is acquitted, he shall be entitled to reinstatement and to the ghosts or fictitious, thus enabling NAPOLES to misappropriate the
salaries and other benefits which he failed to receive during PDAF proceeds for her personal gain and taking undue advantage of
suspension, unless in the meantime, administrative proceedings have their official positions to the prejudice of the Republic. 
been filed against him. A petition for Bail was filed by Napoles on July 7, 2014, arguing that
the evidence of the prosecution is insufficient to prove her guilt
Is there a prescriptive period in prosecuting someone with beyond reasonable doubt. She particularly assailed the credibility of
plunder?  the State witnesses (otherwise referred to as whistleblowers) as
these are allegedly mere hearsay, tainted with bias, and baseless.
Yes. The crime punishable under R.A. 7080 prescribes in twenty (20) Citing the res inter alios acta rule, Napoles submitted that the
years. However, the right of the State to recover properties testimonies of these whistleblowers are inadmissible against her.
unlawfully acquired by public officers from them or from their
In view of Napoles’ application for bail, the Sandiganbayan hear and weigh the evidence of the prosecution and the
conducted bail hearings. The Sandiganbayan denied the petition for defense.
Bail for lack of merit. Thus, a petition for certiorari was filed before
the Court. It should not be forgotten that the purpose of the bail hearing is to
determine whether the accused is entitled to provisional liberty
ISSUE: Whether the Sandiganbayan gravely abused its discretion before conviction. To require more from the prosecution, as well as
amounting to lack or excess of jurisdiction in issuing its assailed from the trial court, effectively defeats the purpose of the
Resolutions denying Napoles’ application for bail proceeding. 
The Court ruled that the prosecution was able to establish that
HELD: NO. Napoles participated in the implied conspiracy to misappropriate
public funds and acquire ill-gotten wealth.
The prosecution bears the burden of proving that evidence
of Napoles’ guilt of the crime is strong. Here, the implied conspiracy among Napoles and her co-accused was
This right to bail is guaranteed in the Bill of Rights, except when the proven through various documentary and testimonial evidence
accused is charged with a capital offense, showing that they acted towards the common goal of
misappropriating the PDAF of former Senator Enrile.
While bail may generally be granted as a matter of right prior to the
conviction of the accused, those charged with a capital offense is Clearly, the prosecution witnesses and the documentary
granted bail only when the evidence of guilt is not strong. The trial evidence supply interlocking pieces of information that
court is thus granted the discretion to determine whether there is when taken together, provide a complete picture of the
strong evidence of guilt on the part of the accused. The trial court indispensability of the participation of Napoles in the
may also deny the application for bail when the accused is a flight scheme to misappropriate public funds for the benefit of
risk, notwithstanding the prosecution’s evidence on the guilt of the select individuals, by using the NGOs as conduits for the
accused. PDAF projects of former Senator Enrile. The directions and
instructions she gave to her former employees constitute a clear
In exercising this discretion, the trial court should receive the parties’ evidence of her active participation, not mere acquiescence or
evidence at a hearing duly scheduled for this purpose. The presence, in the conspiracy. Thus, the petition for bail was correctly
prosecution and the accused are granted reasonable opportunity to denied. 
prove their respective positions: on the part of the prosecution, that
the evidence of guilt against the accused is strong, and on the part
of the defense, the opposite. The hearing is summary and limited to
the determination of the weight of evidence for purposes of granting
or denying bail.
Estrada Case
Since Napoles was charged with the crime of Plunder, which carries  
the imposable penalty of reclusion perpetua, she cannot be admitted  Facts:
to bail when the evidence of her guilt is strong.  As a trial court,
the Sandiganbayan, in turn, possessed the jurisdiction to
 1. Joseph Ejercito Estrada (Estrada), the highest-ranking official burden still remains with the prosecution to prove beyond
to be prosecuted under RA 7080 (An Act Defining and any iota of doubt every fact or element necessary to
Penalizing the Crime of Plunder) as amended by RA 7659.. constitute a crime.
2. Estrada wishes to impress the Court that the assailed law is What the prosecution needs to prove beyond reasonable doubt is
so defectively fashioned that it crosses that thin but distinct only a number of acts sufficient to form a combination or series
line which divides the valid from the constitutionality infirm. which would constitute a pattern and involving an amount of at least
That there was a clear violations of the fundamental rights P50,000,000.00. There is no need to prove each and every other act
of the accused to due process and to be informed of the alleged in the information to have been committed by the accused in
nature and cause of the accusation. furtherance of the overall unlawful scheme or conspiracy to amass,
 Issue/s: accumulate or acquire ill-gotten wealth.
1. Whether or not the Plunder Law is unconstitutional for being
vague. 1. No. It is malum in se. The legislative declaration in RA No.
2. Whether or not Plunder Law requires less evidence for 7659 that plunder is a heinous offense implies that it is a
providing the predicate crimes of plunder and therefore malum in se. For when the acts punished are inherently
violates the rights of the accused to due process. immoral or inherently wrong, they are mala in se and it does
3. Whether Plunder as defined in RA 7080 is a malum not matter that such acts are punished in a special law,
prohibitum. especially since in the case of plunder that predicate crimes
Ruling: are mainly mala in se.
1. No. A statute is not rendered uncertain and void merely Its abomination lies in the significance and implications of the
because general terms are used therein, or because of the subject criminal acts in the scheme of the larger socio-political and
employment of terms without defining them. There is no economic context in which the state finds itself to be struggling to
positive constitutional or statutory command requiring the develop and provide for its poor and underprivileged masses. Reeling
legislature to define each and every word in an enactment. from decades of corrupt tyrannical rule that bankrupted the
Congress’ inability to so define the words employed in a government and impoverished the population, the Philippine
statute will not necessary result in the vagueness or Government must muster the political will to dismantle the culture of
ambiguity of the law so long as the legislative will is clear, or corruption, dishonesty, green and syndicated criminality that so
at least, can be gathered from the whole act, which is deeply entrenched itself in the structures of society and the psyche
distinctly expressed in the Plunder Law. of the populace. [With the government] terribly lacking the money to
It is a well-settled principle of legal hermeneutics that words of a provide even the most basic services to its people, any form of
statute will be interpreted in their natural, plain, and ordinary misappropriation or misapplication of government funds translates to
acceptation and signification, unless it is evident that the legislature an actual threat to the very existence of government, and in turn,
intended a technical or special legal meaning to those words. the very survival of people it governs over.
Every provision of the law should be construed in relation and with
reference to every other part.
There was nothing vague or ambiguous in the provisions of R.A. ———
7080 Gloria Macapgal Arroyo
1. No. The legislature did not in any manner refashion the
standard quantum of proof in the crime of plunder. The FACTS:
The Court resolves the consolidated petitions for certiorari separately GMA and Aguas were likewise denied by the Sandiganbayan, they
filed by former President Gloria Macapagal-Arroyo and Philippine filed their respective petitions for certiorari.
Charity Sweepstakes Office (PCSO) Budget and Accounts Manager
Benigno B. Aguas.
Issue:
On July 10, 2012, the Ombudsman charged in the Sandiganbayan
former President Gloria Macapagal-Arroyo (GMA) and PCSO Budget Substantive:
and Accounts Manager Aguas (and some other officials of PCSO and 1. Whether or not the State sufficiently established the
Commission on Audit whose charges were later dismissed by the existence of conspiracy among GMA, Aguas, and Uriarte ;
Sandiganbayan after their respective demurrers to evidence were 2. Whether or not the State sufficiently established all the
granted, except for Uriarte and Valdes who were at large) for elements of the crime of plunder: (a) Was there evidence of
conspiracy to commit plunder, as defined by, and penalized under amassing, accumulating or acquiring ill-gotten wealth in the
Section 2 (b) of Republic Act (R.A.) No. 7080, as amended by R.A. total amount of not less than P50,000,000.00? (b) Was the
No. 7659. predicate act of raiding the public treasury alleged in the
information proved by the Prosecution?
The information reads: That during the period from January 2008 to
June 2010 or sometime prior or subsequent thereto xxx accused
Gloria Macapagal-Arroyo, the then President of the Philippines xxx Ruling: 
Benigno Aguas, then PCSO Budget and Accounts Manager, all public
officers committing the offense in relation to their respective offices Re first substantive issue: The Prosecution did not properly
and taking undue advantage of their respective official positions, allege and prove the existence of conspiracy among GMA,
authority, relationships, connections or influence, conniving, Aguas and Uriarte.
conspiring and confederating with one another, did then and
there willfully, unlawfully and criminally amass, accumulate and/or A perusal of the information suggests that what the Prosecution
acquire, directly or indirectly, ill-gotten wealth in the aggregate sought to show was an implied conspiracy to commit plunder among
amount or total value of PHP365,997,915.00, more or less, [by all of the accused on the basis of their collective actions prior to,
raiding the public treasury]. during and after the implied agreement. It is notable that the
Prosecution did not allege that the conspiracy among all of the
Thereafter, accused GMA and Aguas separately filed their respective accused was by express agreement, or was a wheel conspiracy or a
petitions for bail which were denied by the Sandiganbayan on the chain conspiracy.
ground that the evidence of guilt against them was strong.
We are not unmindful of the holding in Estrada v. Sandiganabayan
After the Prosecution rested its case, accused GMA and Aguas then [G.R. No. 148965, February 26, 2002, 377 SCRA 538, 556] to the
separately filed their demurrers to evidence asserting that the effect that an information alleging conspiracy is sufficient if the
Prosecution did not establish a case for plunder against them. The information alleges conspiracy either: (1) with the use of the word
same were denied by the Sandiganbayan, holding that there was conspire, or its derivatives or synonyms, such as confederate,
sufficient evidence to show that they had conspired to commit connive, collude, etc; or (2) by allegations of the basic facts
plunder. After the respective motions for reconsideration filed by constituting the conspiracy in a manner that a person of common
understanding would know what is being conveyed, and with such Php50,000,000.00. The failure to establish the corpus delicti should
precision as would enable the accused to competently enter a plea to lead to the dismissal of the criminal prosecution.
a subsequent indictment based on the same facts. We are not
talking about the sufficiency of the information as to the As regards the element that the public officer must have
allegation of conspiracy, however, but rather the amassed, accumulated or acquired ill-gotten wealth worth
identification of the main plunderer sought to be prosecuted at least P50,000,000.00, the Prosecution adduced no
under R.A. No. 7080 as an element of the crime of plunder. evidence showing that either GMA or Aguas or even Uriarte,
Such identification of the main plunderer was not only for that matter, had amassed, accumulated or acquired ill-
necessary because the law required such identification, but gotten wealth of any amount. There was also no evidence,
also because it was essential in safeguarding the rights of all testimonial or otherwise, presented by the Prosecution
of the accused to be properly informed of the charges they showing even the remotest possibility that the CIFs
were being made answerable for.  [Confidential/Intelligence Funds] of the PCSO had been
diverted to either GMA or Aguas, or Uriarte.
The main purpose of requiring the various elements of the crime
charged to be set out in the information is to enable all the accused (b) The Prosecution failed to prove the predicate act of
to suitably prepare their defense because they are presumed to have raiding the public treasury (under Section 2 (b) of Republic
no independent knowledge of the facts that constituted the offense Act (R.A.) No. 7080, as amended)
charged.
To discern the proper import of the phrase raids on the public
Despite the silence of the information on who the main plunderer or treasury, the key is to look at the accompanying
the mastermind was, the Sandiganbayan readily condemned GMA in words: misappropriation, conversion, misuse or malversation of
its resolution dated September 10, 2015 as the mastermind despite public funds [See Sec. 1(d) of RA 7080]. This process is conformable
the absence of the specific allegation in the information to that with the maxim of statutory construction noscitur a sociis, by which
effect. Even worse, there was no evidence that substantiated such the correct construction of a particular word or phrase that is
sweeping generalization. ambiguous in itself or is equally susceptible of various meanings may
be made by considering the company of the words in which the word
In fine, the Prosecution’s failure to properly allege the main or phrase is found or with which it is associated. Verily, a word or
plunderer should be fatal to the cause of the State against phrase in a statute is always used in association with other words or
the petitioners for violating the rights of each accused to be phrases, and its meaning may, therefore, be modified or restricted
informed of the charges against each of them. by the latter. 
Re second substantive issues:
To convert connotes the act of using or disposing of another’s
(a) No proof of amassing, or accumulating, or acquiring ill- property as if it were one’s own; to misappropriate means to own, to
gotten wealth of at least Php50 Million was adduced against take something for one’s own benefit; misuse means “a good,
GMA and Aguas. substance, privilege, or right used improperly, unforeseeably, or not
The corpus delicti of plunder is the amassment, accumulation or as intended;” and malversation occurs when “any public officer who,
acquisition of ill-gotten wealth valued at not less than by reason of the duties of his office, is accountable for public funds
or property, shall appropriate the same or shall take or
misappropriate or shall consent, through abandonment or
negligence, shall permit any other person to take such public funds, -the state shall value the dignity of women and children and
or property, wholly or partially.” The common thread that binds all guarantees full respect for human rights.
the four terms together is that the public officer used the property
taken. Considering that raids on the public treasury is in the Punishable acts
company of the four other terms that require the use of the property under the Anti-Violence Against Women and Their Children Act of
taken, the phrase raids on the public treasury similarly requires such 2005 (RA 9262):
use of the property taken. Accordingly, the Sandiganbayan gravely
erred in contending that the mere accumulation and gathering 1. Physical violence
constituted the forbidden act of raids on the public -Causing physical harm, threatening.
treasury. Pursuant to the maxim of noscitur a sociis, raids on 2. Sexual violence
the public treasury requires the raider to use the property 3. Psychological violence
taken impliedly for his personal benefit. 4. Economic abuse
-Purpose must be to have control over the woman.
As a result, not only did the Prosecution fail to show where the Of it not that, then the crime does not fall under this
money went but, more importantly, that GMA and Aguas had law. Make a woman financially dependent on the
personally benefited from the same. Hence, the Prosecution did not offender.
prove the predicate act of raids on the public treasury beyond 5. Acts of harassment
reasonable doubt. 6. Stalking
7. Any form of gender-based violence that results in
WHEREFORE, the Court GRANTS the petitions for certiorari; physical, sexual or psychological
ANNULS and SETS ASIDE the resolutions issued in Criminal Case No. 8. harm or suffering to women, including threats of
SB-12-CRM-0174 by the Sandiganbayan on April 6, 2015 and such acts, coercion or arbitrary deprivation of liberty,
September 10, 2015; GRANTS the petitioners’ respective demurrers whether occurring in public or private life
to evidence; DISMISSES Criminal Case No. SB-12-CRM-0174 as to
the petitioners GLORIA MACAPAGAL-ARROYO and BENIGNO AGUAS
for insufficiency of evidence; ORDERS the immediate release from
Conspiracy under the Anti-Violence Against Women and
detention of said petitioners; and MAKES no pronouncements on
Their Children Act of 2005 (RA 9262):
costs of suit.
The principle of conspiracy under article 8 of the RPC may be applied
to the law because of the expressed provision of Section 47 that the
RPC shall be supplementary to said law. This, conspiracy or action in
CRIMES AGAINST PERSONS concert to achieve a criminal design is shown, the act of one is an
act of all the conspirators and the precise extent or modality of
Anti-Violence Against Women and Their Children participation of each of the becomes secondary, since all the
Act of 2005 (RA 9262) conspirators are principal.

Intention of the Law: Section 5(i) or Section 5(e):

Section 5 of the Anti-Violence Against Women and Their Children Act
of 2005 (RA 9262) provides for the issuance of a protection order by Crimes committed in violation of this law may manifest a transitory
the court for the protection of the victim. Section 5(i) allows the or continuing crime. Meaning that some acts material and essential
court to order the perpetrator to stay away from the victim and/or thereto and requisites in their consummation occur in one
prohibit the perpetrator from entering the victim's residence, school, municipality or territory while some occur in another.
place of employment, or other specified places frequented by the
victim. Section 5(e) allows the court to order the perpetrator to -Marital Infidelity is a form of psychological violence and is punished
provide support to the victim and their children, if any under the law.

Relationships include on-an-off type.

NOTES:
A lesbian can be an offender under the law.
Who can be the victim:
1. A women who: Single act of violence is enough
- is the wife or ex-wife This means that a single act of harassment, which translates into
-Has had sexual or dating relationship with the offender violence, would be enough. The object of the law is to protect
-has a common child with the man women and children. Punishing only violence that is repeatedly
2. Child committed would license isolated ones.

Who can be the offender Obligation to support does not prescribe

1. the husband or the ex-husband of the women
2. person who had a sexual or dating relationship with the Penalties for certain crimes under the RPC may apply
woman If the physical violence on the woman of the child constituted
3. the man who is the father of the woman’s child. attempted, frustrated, or consummated parricide or murder or
homicide, or resulted in mutilation, the penalty under the RPC shall
Aggravating Circumstances be imposed.
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied e.g.
shall be the maximum period. Or if the abuse is committed in the
presence of the child of the woman. Serious physical injuries Prision Mayor
Less serious Prision Correccional
Slight Arresto mayor

Violence against women and their children are continuing **NOTES:

crimes. Philippine courts have jurisdiction over a case of
marital infidelity committed abroad of the psychological Lack of relationship between the child and the offender will
violence is suffered within the Philippines not exclude the former from the coverage of RA 9262.
Battered Woman Syndrome- a scientifically defined patter Prove this: You can prove it thru medical certificate. You have to
from psychological and behavioral symptoms found in attach your complain the medical certificate showing the physical
women living in battering relationship as a result of injuries suffered by the woman.
cumulative abuse.
Acts:
Sexual relation- Refers to single sexual act which may or may not  causing physical harm to the woman or her child
result in the bearing of a common child.  threatening to cause the woman or her child physical harm
 attempting to cause the woman or her child physical harm
Ang vs CA.  placing the woman or her child in fear or imminent physical
Sex is not essential in order for a woman to be protected under harm
9262. It is enough that they have romantic relationship or intimacy.  preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the
Dating Relationship- refers to a situation wherein the partis live as victim’s own money or properties
husbands and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during the Sexual abuse
course od the relationship.
Psychological Abuse
Tan V. Tan The prosecutor’s officer requires that there be a psychological report
-parents-in-law may be liable. that a trauma was suffered by the offended party.
-The law expressly recognized that the acts of violence against
woman and their children may be committed by an offender through Economic Abuse
another. Refers to the acts that make or attempt to make a woman financially
-Principle of conspiracy under the RPC is also applicable. dependent on the offender.

Construction of the Law: **NOTE: It does not mean that there is no support/ if the man stops
Liberally construed to promote the protection and safety of victims of from providing support. Economic Abuse is that kind of abuse that
violence against women and their children. purpose is in order to have control over the woman.

Conspiracy: liberally construed to promote the protection of the

woman and the child.

Forms of Abuse and punishable acts:

Physical Abuse Remedies available for the victim

 Filing of a criminal action

A victim against women and their children is a public offense. It may You can file for Concubinage and violation for RA 9262 as separate
be prosecuted upon the filing of a complaint by any citizens having crimes because concubinage is a private crime while RA 9262 is a
personal knowledge of the circumstances involving the commission public crime so there is not double jeopardy.
of the crime.

The offended party may file a BPO. If there is still a need, the CASES:
offended party may go to court and file for a TPO/ PPO. #1
RICKY DINAMLING v. PEOPLE OF THE PHILIPPINES
Protection Order G.R. No. 19952 June 22, 2015
Is issued for the purpose of preventing further acts of violence
against a woman of her child specified in Section 5 of the Anti-VAWC Facts:
act. Petitioner Ricky Dinamling was charged in two criminal information
for violation of R.A. No. 9262. It is alleged in the information that he
OTHER NOTES: feloniously inflicts psychological violence upon a woman with whom
he has two children, resulting to mental and emotional anguish and
There should be a special relationship before it can be applied. public humiliation by repeated verbal and emotional abuse consisting
of several bad and insulting utterance directed against the victim.
TPO can only be lifted through the petition by the offended party. Dinamling pleaded not guilty to both charges.

**Inflicting harm to animals or pets of the woman or her child may Issue:
constitute violation of RA 9262 and violation of the Animal Welfare Whether or not the petitioner is guilty of violation of RA No. 9262. 
Act of 1998.
Ruling:
**There should be a special relationship with the offender and the The elements of the crime are;
victim.
(1)  The offended party is a woman and/or her child or children
BPO= 15 days non extendable. If you think there is still need to (2)  The woman is either the wife or former wife of the offender, or
extend then file to TPO in court. Do not wait for the expiry because is a woman with whom the offender has or had a sexual or dating
non-extendable. BPO only covers Physical Abuse. Can only be relationship, or is a woman with whom such offender has a common
enforced within the barangay. child. As for the woman’s child or children, they may be legitimate or
illegitimate, or living within or without the family abode.
TPO= 30 days and extendable. If you Think there is a need to (3)  The offender causes on the woman and/or child mental or
extend, then you can file for PPO. Can be enforced everywhere. emotional anguish; and
(4)  The anguish is caused through the acts of public ridicule or
PPO= is permanent. The offended party is the only person who can humiliation, repeated verbal and emotional abuse, denial of financial
ask to lift the PPO. Can be enforced everywhere. support or custody of minor children or access to the children or
similar acts or omissions.
In this case, the elements have been proven and duly established. It
is undisputed that thevictim is a woman who has then in a five-year i. Section 5(i) or Section 5(e)
ongoing relationship with Dinamling and had two common children.
The woman is often in fear of petitioner due to latter’s physical and
verbal abuse. Offense Involved: Anti-Violence Against Women and Children
FACTS: On October 5, 1989, AAA married Araza. Initially and at the
Psychological violence is an element of violation of Section 5 (RA No. onset of their marriage, her husband Araza was hardworking, loving
9262) just like the mental or emotional anguish caused on the and faithful. She had no marital issues with Araza until he went to
victim. It is the means employed by the perpetrator, while mental or Zamboanga City in February 2007, for their networking business. It
emotional anguish is the effect caused to or the damage sustained was at this point that she began to notice Araza’s change in
by the offended party. To establish psychological violence as the behavior. One day, she received a text telling that her husband is
element of the crime, it is necessary to show proof of commission of having an affair with their best friend. She went to see it for herself
any of the acts enumerated in Section 5(i) or similar acts. And to and was able to confirm that her husband was living with another
establish mental or emotional anguish, it is necessary to present a woman, a certain Tessie Luy Fabillar. She instituted a complaint
testimony of the victim as such experiences are personal to this against her husband Araza and his alleged mistress, for
party. Concubinage. The case was subsequently amicably settled after the
parties executed an Agreement whereby Araza and Fabillar
In fact, neither the physical injuries suffered by the victim nor the committed themselves never to see each other again. After the case
actual physical violence done by the perpetrator are necessary to was settled, Araza again lived with AAA. However, it was only for a
prove the essential elements of the crime as defined in Section 5(i) short time. Without saying a word, Araza left AAA on November 22,
of RA 9262. The only exception is, as in the case at bar, when the 2007. To her surprise, Araza had returned to live with his mistress
physical violence done, petitioner Dinamling's acts of publicly again. In the days to come, she would receive text messages from
punching, kicking and stripping her pants and underwear, although her husband’s supposed mistress using various numbers. The
obvious acts of physical violence, are also instances of psychological messages would tell her that Araza is sick and needed money for
violence since it was alleged and proven that they resulted in the medicines. There was also another text message threatening her
victim’s public ridicule. Accused is alleged to have caused the mental that she will kill AAA’s husband. Because of this, she sought legal
and emotional suffering; in which case, such acts of physical violence services believing that Araza’s liberty was being restrained by
must be proven. In this instance, the physical violence was a means Fabillar. Based on the investigation, Araza left their conjugal abode
of causing mental or emotional suffering. As such, whether or not it on his own volition and he has been living with his mistress, as
led to actual bodily injury, the physical violence translates to husband and wife. As a matter of fact, three children were born out
psychological violence since its main effect was on the victim's of their cohabitation. The truth caused AAA emotional and
mental or emotional well-being.  psychological suffering. An information for crime of violence against
women under Section 5(i) of R.A. No. 9262 was filed in RTC Las
Pinas City. RTC ruled in favor of AAA. This was affirmed by the CA.
Aggrieved, Aaraza filed this present case.
#2
Araza vs. People of the Philippines G.R. No. 247429. September 8, ISSUE/S:
2020
11. Whether or not the CA erred in affirming Araza’s conviction
for violation of Section 5(i) of R.A. No. 9262 although his conviction Christian Acharon was an Overseas Filipino Worker. His wife sued
was based on facts not alleged in the Information? her for economic abuse (violation of Section 5(i) of R.A. 9262) as
12. Whether the CA gravely erred in affirming Araza’s conviction Acharon, while being gainfully employed abroad, failed to provide
for violation of Section 5(i) of R.A. No. 9262 on the ground that the financial support to his wife. Due to this, his wife was not able to pay
prosecution failed to prove beyond reasonable doubt the acts off their debt – that debt was actually used by Acharon in going
allegedly committed by Araza? abroad. Acharon also maintained a paramour abroad and even told
his wife to look for another man. The trial court convicted Acharon
HELD: as it was proved that his failure to provide financial support to his
• No. The elements of violation of Section 5(i) of R.A. No. wife caused her psychological stress. The Court of Appeals affirmed
9262 were sufficiently alleged in the Information. In this case the the conviction.
Information contains the recital of facts necessary to constitute the
crime charged. It clearly stated that: (1) The offended party AAA, is ISSUE: Whether or not Acharon is guilty of economic abuse.
the wife of offender Araza; (2) AAA sustained emotional anguish and
mental suffering; and (3) such anguish and suffering is inflicted by HELD: No. Firstly, it was improper for the trial court to receive
Araza when he had an extramarital affair with Fabillar and had three evidence regarding Acharon’s infidelity. The Information against him
illegitimate children with her. only charged psychological abuse as a result of his failure to provide
financial support.
• No. The CA was correct in ruling that Araza committed
psychological violence upon his wife AAA by committing marital The elements of Section 5(i) insofar as it deals with denial of
infidelity, which caused AAA to suffer emotional anguish and mental financial support are as follows:
suffering. The prosecution has established Araza’s guilt beyond
reasonable doubt by proving that he committed psychological (1) The offended party is a woman and/or her child or children;
violence upon his wife by committing marital infidelity. AAA’s (2)The woman is either the wife or former wife of the offender, or is
testimony was strong and credible. She was able to confirm that a woman with whom the offender has or had a sexual or dating
Araza was living with another woman. Marital infidelity, which is a relationship, or is a woman with whom such offender has a common
form of psychological violence, is the proximate cause of AAA’s child. As for the woman’s child or children, they may be legitimate or
emotional anguish and mental suffering, to the point that even her illegitimate, or living within or without the family abode;
health condition was adversely affected. (3) The offender willfully refuses to give or consciously denies the
woman and/or her child or children financial support that is legally
due her and/or her child or children; and
#3 (4)The offender denied the woman and/or her child or children the
Christian Pantonial Acharon vs. People of the Phils. G.R. No. 224946 financial support for the purpose of causing the woman and/or her
November 9, 2021 child or children mental or emotional anguish.

G.R. No. 224946 – Criminal Law – Book II – Special Penal Laws – Section 5(i), although a special penal law, is a mala in se. Thus,
Anti-Violence Against Women and their Children Act – Section 5(i) – criminal intent must be established before a conviction may be had.
Economic Abuse must be Deliberate In other words, to be punishable by Section 5(i) of R.A. 9262, it
must ultimately be proven that the accused had the intent of
inflicting mental or emotional anguish upon the woman, thereby Intent of the Law
inflicting psychological violence upon her, with the willful denial of -It is stated in Art. 2 of the constitution the state recognizes the vital
financial support being the means selected by the accused to role of the youth in nation building. The state shall promote their
accomplish said purpose. Mere failure to provide financial support is moral, spiritual, and intellectual wellbeing.
not punishable by R.A. 9262. To be convicted under Section 5(i), the -it is the police of the state to provide special protection of the
evidence must establish beyond reasonable doubt that the accused children such as this law to guarantee their fundamental rights and
intended to cause the victim mental or emotional anguish, or public other forms of neglect and cruelty, abuse and exploitation prejudicial
ridicule or humiliation through the denial of – not the mere failure or to their development.
inability to provide – financial support, which thereby resulted into -Shall establish National Coordinating Center that shall coordinate
psychological violence. In this case, the private complainant failed to and implement programs and policies to prevent and respond to
adduce evidence that Acharon deliberately withheld financial support OSAEC and CSEAM cases in the country.
in order to cause her emotional anguish.
SIDE ISSUE: In the previous cases of Melgar vs. People (G.R. No.
223477, 14 February 2018, 826 Phil. 177) and Reyes vs. People Definition of Terms
(G.R. No. 232678, 3 July 3 2019, 907 SCRA 479), it was held that:
(a) a charge for Section 5(i) necessarily includes a charge for Section 1. Child
5(e) and (b) denial of financial support BY ITSELF is sufficient to Refers to a person below 18 years of age or those over but
support a conviction for violation of Section 5(e), is Acharon liable are unable to fully take care themselves or protect from
for violation of Section 5(e)? abuse, neglect, cruelty or exploitation.

NO. Melgar and Reyes are abandoned. It was wrong to interpret A computer-generated, digitally or manually crafted images
Section 5(e) to mean that denial of financial support PER SE or BY or graphics of a person who is represented or who is made
ITSELF is already a criminal violation. The language of Section 5( e) to appear to be a child as defined herein.
is clear: the denial of financial support, to be punishable, must have
the “purpose or effect of controlling or restricting the woman’s 2. Child Sexual Abuse
movement or conduct.” To be sure, Section 5(e) uses the word Refers to any form of communication through any platform
“deprive” which, like the use of the word “denial” in Section 5(i), or format, or any physical interaction between a child and
connotes willfulness and intention. The denial or deprivation of any person when the child is being used for any act of
financial support under Section 5( e) is, therefore, an intentional act activity inducing sexual stimulation
that has, for its purpose, to control or restrict the woman’s
movement or conduct. The willful deprivation of financial support, 3. Competent Authority
therefore, is the actus reus of the offense, while the mens rea is the Refers to law enforcement authority, investigating authority,
intention to control or restrict the woman’s conductc prosecutor, court, or the National Coordinating Center
Against OSAEC and CSAEM.
ANTI-CHILD PORNOGRAPHY OR
Anti-Online Sexual Abuse or Exploitation of 4. Child Sexual Exploitation
Children (OSAEC) Child Sexual Abuse with consideration whether monetary or
 nonmonetary consideration, favor, or benefit in exchange for system involving at least 1 person reasonably believed to have
the opportunity to perform such abusive or exploitative act. committed violation under this Act.

5. Image-based sexual abuse (IBSA) NOTE: A court order shall not be required in order for a law
Refers to a form of technology-facilitated sexual violence. enforcement officer acting as an undercover capacity to intercept a
communication with a person believed to be committing this act.
6. Online Sexual Abuse or Exploitation of Children (OSAEC)
Refers to the use of ITC as means to abuse or exploit The law, through Section 23, exempts the law enforcement officer
children sexually which includes cases in which offline child from the Anti-wiretapping act provided that the person is believed to
abuse and or exploitation is combined with an online have committed, is committing, or is about to commit the act.
component.
Who may be file a complaint?
7. Sexual Activity 1. Offender party
Includes but are not limited to the following acts, sexual 2. Parents or guardians
intercourse or lascivious acts, including contact involving the 3. Ascendants or collateral relatives within the 3 degree of
genitalia or oral stimulation of the genitals. consanguinity
4. Officer, social worker or representative of a licensed child-
WHO ARE LIABLE? caring institution.
Any person whether natural or juridical or alien offenders. 5. Any person who has personal knowledge of the
circumstances of the commission of this act.
Section 4: Unlawful or Prohibited Acts
1. To hire, employ, use or persuade induce, extort or engage Custody of the Child
in whatever form of OSAEC The child victim shall be immediately placed under the protective
2. To produce direct, manufacture, facilitate or create any form custody of the child or municipal social welfare and development
of CSAEM office.
3. To knowingly publish, transmit or broadcast by any means, In cases where: (a) The city or municipal social welfare and
any forms of CSEAM. development office has no registered social worker that can perform
4. To stream or live-stream acts, or any form of child sexual case management; (b) the LGU does not have any residential care
abuse and exploitation. facility that can afford center-based intervention; (c) It was assessed
5. To recruit, transport, transfer, harbor, provide, or receive a that there are safety and risk factors detrimental to the child’s stay in
child or to induce or influence the same for the purpose of the same locality.
this act. Then the DSWD shall provide support and assistance to the
concerned city or municipality social welfare and development office
by assuming the temporary protective custody over the child.
Initiation of Investigation
A law enforcement officer may, upon written order from the RTC, NOTES:
track, intercept, view monitor surveil, listen to, record any
communications or information transmitting by means of a computer
Q: On extraterritoriality of the law since this is internet so Refers to any act that results in physical or psychological
global? suffering, harm or injury inflicted on a recruit, neophyte,
A: The law has an extraterritoriality application based on Sec. 14. applicant, or member as part of an initiation rite or practice
The state shall exercise jurisdiction over any acts even if it is made as a prerequisite for admission or a requirement for
committed outside the Philippines. It shall also take custody of the continuing membership in a fraternity.
case based on a continuing effect; either it commenced in the
Philippines, or committed in another country. 2. Initiation/ Initiation Rite
Refers to ceremonies, practices, rituals or other acts,
That is the importance of (MLAT) Mutual Legal Assistance whether formal or informal, that a person must perform or
Treaty. take in order to be accepted into a fraternity, sorority, or
-If there are violators here in our country, or if there are victims here organization as a full-fledge member.
in our country, legal team from another country will come here to
conduct investigation and aid law enforcement agencies. 3. Organization
-even if we do not have an extradition treaty with the country we An organized body of people which includes, but is not
can request for assistance from that country for the arrest, limited to any club, association, group, fraternity, and
prosecution of the perpetrator. sorority. This term shall include the AFP, PNP, PMA, PNPA.
4. Schools
Refers to colleges, universities, and all other educational
institutions.

Prohibited Acts
Those acts that constitute hazing, or any acts that involves
psychological harm or suffering as part of an initiation, or practice
made as a prerequisites for admission/ requirement for continuing
membership in an organization.

RA 11053
Anti-Hazing Law Allowed initiation rites
These are not considered hazing:
1. Testing, training, and practices of the AFP and PNP
Intent of the Law 2. Testing, training, and practices of other uniformed learning
-To prohibit hazing and regulate other forms of initiation rites of institutions as to their prospective members
fraternities and sororities and other organizations. 3. Customary athletic events or other similar activity that
-The law also provides penalties for its violation as well. furthers a legal and legitimate objective.

Who are liable?

Definition of Terms 1. Planners and participants (even if they are not present
1. Hazing during the hazing)
 2. Current officers who were present during the hazing The main distinction between Hazing in RPC vs in SPL is that in the
3. The faculty adviser who was present and failed to prevent or crime of hazing, the crucial ingredient distinguishing it from the
report the hazing crimes against persons as defined under Title 8 of the RPC is the
4. Members of the alumni who were present during the hazing infliction by a person of physical or psychological suffering on
5. Officers or members of the association who induced the another in furtherance of the latter’s admission or entry of an
victim to attend the hazing (even if not present during the organization.
crime)
6. Members of the association who were resent and were Presence is prima facie evidence or participants in hazing
under the influence of alcohol or drugs The presence of any person (even non-members) at the place of
7. The owner or lessee of the place of hazing, or the parent of hazing if prima facie evidence or participation in the hazing unless he
a member who owns the place of hazing, who had actual shows proof that he prevented or promptly reported the same
knowledge of the hazing and failed to take action or report
to authorities Praeter intentionem is not applicable
8. Other person who were present The mitigating circumstance of praeter intentionem cannot be
9. Members of the alumni who obstructs the investigation applied to this law as it was expressly provided in section 14.
(even if not present during the crime)
10. Any person who forces or vexes another to join an Information must allege all the elements of the crime,
association that has hazing or that promotes hazing including that the initiation was a pre-requisite for
11. The school, if it approved an application to conduct initiation admission
rites and hazing occurred, or when no representatives from
the school were present during the initiation Failure to include in the information would only result as a mere
12. School authorities, faculty members, and LGU officials who conclusion of the law. The element that is was a prerequisite for an
allowed hazing or failed to present or report the same (if the admission must be placed in the information.
same can be done without peril to their person or their
family) shall be considered accomplices and shall also be The crime of hazing is malum prohibitum.
administratively liable.

**NOTES:
Waivers made by the recruit or neophyte members?
Elements of Hazing: Waivers of the right to object to the initiation rite or proceedings
1. A person is placed in some embarrassing or humiliating which consists of hazing made by a recruit are considered void
situation or subjected to physical or psychological suffering without binding effect on the parties.
or injury
2. There acts were employed as a prerequisite for the person’s The defense that the recruit consented to the hazing shall not be
admission or entry into an organization. available to persons prosecuted under this act.

RPC vs SPL Excessive intake of alcohol in is also considered as hazing.

Intoxication and the presence of alumni and non-members of the (3) Unreasonable deprivation of his basic needs for survival,
fraternity will be treated as aggravating circumstances. such as food and shelter; or

(4) Failure to immediately give medical treatment to an

injured child resulting in serious impairment of his growth
and development or in his permanent incapacity or death.

Special Protection of Children Against Child Abuse, Punishable acts

Exploitation and Discrimination (RA 7610 as amended) 1. Child prostitution and other sexual abuse (sec. 5)
1. Who for money, profit or any other consideration or due
Intent of the Law to the coercion or influence of any adult, syndicate or group
-Provide special protection to children from all forms of abuse, indulge in sexual intercourse or lascivious conduct.
neglect, cruelty, exploitation and discrimination, and other conditions 2. Who commit the act of sexual intercourse or lascivious
prejudicial to their development including child labor and its worst conduct with a child exploited in prostitution or subjected to
forms. other sexual abuse,
-provide sanctions for their commission and carry out a program for
prevention and deterrence of and crisis intervention in situations of
2. Attempt to commit child prostitution (sec. 6)
child abuse, exploitation and discrimination.
-There is attempt to commit child prostitution when any
-it also aims to protect and rehabilitate children gravely threatened
person who not being a relative of a child is found alone
or endangered by circumstances which affect or will affect their
with the said child inside the room or cubicle of a house, inn,
survival and normal development and over which they have no
hotel, motels, pension house or any other secluded area
control.
under the circumstances which would lead to a reasonable
person to believe that the child is about to be exploited in
Def of Terms
prostitution and other abuse.
(a) "Children" refers to person below eighteen (18) years of age or
those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or 3. Child Trafficking (sec. 7)
discrimination because of a physical or mental disability or condition; -Any person who shall engage in trading and dealing with
children including but not limited to the act of buying and
selling of a child for money
(b) "Child abuse" refers to the maltreatment, whether habitual or
-for any other consideration or barter
not, of the child which includes any of the following:
4. Obscene publication and indecent shows (sec 9)
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
5. Other acts of abuse (sec 10)
such as:
(2) Any act by deeds or words which debases, -Acts of neglect
degrades or demeans the intrinsic worth and dignity -Abuse
of a child as a human being;
 -Cruelty
-Exploitation and other conditions prejudicial to the child’s Q: Is having medical certificate will comply with the
development requisites of RA7610? And when do you say there is child
abuse?
A: No. There must be debasement, demeans, and degrades the
NOTES: child’s intrinsic worth. Medical certificate alone does not
automatically charge the accuse under this law.
RA11648
Increasing the age of determining the commission of Statutory Rape. Q: So what else you should prove that it in fact it affects the
Now it is now from 12 to 16 years old. This law further shields minor development of the child?
from rape and other acts of sexual abuse. A: Submission of psychological report.

Before the amendment, if the victim is below 12 it is statutory rape. Physical injuries to be considered as an act of child abuse, the same
Even if the victim is a child, then you are going to charge it for should be serious in nature as defined in sec. 2 (d). Infliction of a
statutory rape under the RPC. With the amendment it is now below mere slight physical injury may constitute an act of child abuse if it
16. So if the victim is below 16 you go to RPC. results in psychological injury to the minor victim.

Q: However, if the child is 16 and below 18, where do you A medical certificate in a form of a psychiatric report from the
go? What law are you going to charge? Or are you going to attending psychologist is necessary in order to prove prima facie
charge RPC for rape and under RA7610 because the victim is evidence that the child victim did actually suffer from psychological
a child? injury as the consequence.
A: You are going to proceed under RA7610 provided that the penalty
is that of the Reclusion Perpetua in its medium period. Sec. 17 IRR
Presentation of psychological report should be done during the
Child Trafficking preliminary investigation. Meaning before the office of the
prosecutor.
Other acts of neglect under Sec 10.
Sec 5 B.

Q: In order for it to be considered as physical abuse, injuries Q: This law mentions about child trafficking. You 9208 as
sustained should be serious. When do you considered amended by 10364. Are you going to file 2 cases RA7610
serious then? because he/she is a minor? Qualified trafficking in relation
A: Medical Attention must be required. to 9208?
A: You just file kung asa ang mas taas ang penalty. You cannot file
Remember in RPC, when there is no mention or period of medical both. You file under 1 law.
attention, the injurie is considered slight.
CASES: element of the crime charged. In a criminal case, the prosecution is
burdened to establish beyond reasonable doubt all of the elements
ASELA BRINAS Y DEL FIERRO, PETITIONER, VS. PP of the crime charged, consistent with the basic principle that an
accused is presumed innocent until proven guilty. 56
FACTS:
A text message scheme was made by two students in Challenger Thus, due to the prosecution's failure to prove the presence of
Montisory School which used the name of the daughter of Brinas specific intent to debase, degrade, or demean the victims' intrinsic
who was the director of the school that time. Upon her knowledge, worth and dignity, Briñas cannot be held guilty of child abuse under
she called the girls and uttered words against them like “putang ina”. R.A. 7610. This is in line with the 2020 case of Talocod discussed
Following that incident the victims claimed that they were expelled above which involved similar acts of slandering minors in the heat of
and their school records where withheld causing delays in their anger and without intention to debase, wherein the Court likewise
college enrollment. Thus, petitioners filed a case against Brianas for acquitted the accused of the crime charged.
the crime of grave oral defamation in relation to Section 10(a) of
R.A. 7610. The RTC ruled her guilty of the crime, thus the reason WHEREFORE, in view of the foregoing, the Petition for Review
for the petition. on Certiorari is GRANTED. The Decision dated January 27, 2020 and
Resolution dated October 19, 2020 of the Court of Appeals in CA-
ISSUE: G.R. CR No. 42784 are hereby REVERSED and SET ASIDE.
The main issue for resolution of the Court is whether the RTC and Accordingly, petitioner Asela Briñas y Del Fieiro is ACQUITTED of the
the CA erred in convicting Briñas of the crime of grave oral crime charged. Let entry of judgment be issued immediately.
defamation in relation to Section 10(a) of R.A. 7610.
—————————
RULING: Araneta vs People, G.R. No. 174205, June 27, 2008, 556
Debasement" is defined as the act of reducing the value, quality, or SCRA 323,332
purity of something; "degradation," on the other hand, is a lessening
of a person's or thing's character or quality while "demean" means to FACTS:
lower in status, condition, reputation, or character. 38 That on April 10, 1998, at about 11:00 o’clock in the morning, at
Barangay Poblacion, District III, Dauin, Negros Oriental, Philippines,
Hence, the prosecution must not only prove that the acts of child and within the jurisdiction of this Honorable Court, the said Gonzalo
abuse under Section 3(b)(2) were committed, but also that the same Araneta y Alabastro, with intent to abuse, harass and degrade 17-
were intended to debase, degrade or demean the intrinsic worth and year-old offended party AAA3, and gratify the sexual desire of said
dignity of the minor victim as a human being. accused, the latter, did, then and there willfully, unlawfully and
feloniously, by means of force and intimidation, hold and embrace
Hence, the only acts proven to have been committed by Briñas are said AAA, after trespassing with violence into the room of the
the hurling of invectives, made in a spur of the moment and in the dwelling occupied by said offended party, all against the latter’s will
heat of anger, against the private complainants, after she learned of and consent.
the latter's mischief against her own daughter. Unfortunately for the
prosecution, these acts, by themselves, do not show intent to However, petitioner assailed that he met AAA and her younger
debase, degrade or demean the minors which is an indispensable sisters at the waiting shed, but he denied having embraced or kissed
the victim.13 He said he only spoke to her and told her that he loved he was also betraying the trust that young girls place in the adult
her. Although he admitted that he followed AAA and her sisters members of the community who are expected to guide and nurture
when they went to the boarding house, it was because AAA the well-being of these fragile members of the society. Undoubtedly,
beckoned him to follow her.14 When he was inside the room, he such insensible act of petitioner constitutes child abuse. As the RTC
again told her of his feelings but he was merely told by her to wait aptly observed:
until she finished her studies.15 He further said that he had been
courting and visiting AAA since she was 12 or 13 years old. It bears stressing that the mere keeping or having in a man’s
companion a minor, twelve (12) years or under or who is ten (10)
the RTC rendered a decision totally disregarding petitioner’s bare years or more his junior in any public or private place already
denials and flimsy assertions. In convicting petitioner of the crime constitutes child abuse under Section 10(b) of the same Act. Under
charged, it held that petitioner’s act of forcibly embracing the victim such rationale, an unwanted embrace on a minor would all the more
against her will wrought injury on the latter’s honor and constituted constitute child abuse.25
child abuse as defined under Section 10(a), Article VI of Republic Act
No. 7610. It further ruminated that if the mentioned statute This factual findings of the RTC, which were affirmed by the Court of
considers as child abuse a man’s mere keeping or having in his Appeals are entitled to respect and are not to be disturbed on
company a minor, twelve years or under or ten years or more his appeal, unless some facts or circumstances of weight and substance,
junior, in any public place, all the more would the unwanted having been overlooked or misinterpreted, might materially affect
embrace of a minor fall under the purview of child abuse. the disposition of the case.26 The assessment by the trial court of the
credibility of a witness is entitled to great weight. It is even
ISSUE: conclusive and binding, if not tainted with arbitrariness or oversight
W/O the RTC gravely erred in convicting him of child abuse despite of some fact or circumstance of weight and influence. In the case
failure of the prosecution to establish the elements necessary to under consideration, we find that the trial court did not overlook,
constitute the crime charged.  misapprehend, or misapply any fact of value for us to overturn the
said findings.
RULING:
The evidence of the prosecution proved that petitioner, despite the The RTC imposed upon petitioner the penalty of prision mayor in its
victim’s protestation, relentlessly followed the latter from the waiting minimum period. The penalty is in order, pursuant to Section 10(a),
shed to her boarding house and even to the room where she stayed. Article VI of Republic Act No. 7610.
He forcibly embraced her and threatened to kill her if she would not
accept his love for her. Indeed, such devious act must have ——
shattered her self-esteem and womanhood and virtually debased,
degraded or demeaned her intrinsic worth and dignity. As a young People vs Jabalde
and helpless lass at that time, being away from her parents, the In Jabalde v. People, the accused fainted after she thought that her
victim must have felt desecrated and sexually transgressed, daughter was already dead when the latter’s head was punctured.
especially considering the fact that the incident took place before the When she regained consciousness, she slapped and choked the
very eyes of her two younger, innocent sisters. Petitioner who was minor victim who she believed had harmed her daughter.
old enough to be the victim’s grandfather, did not only traumatize
and gravely threaten the normal development of such innocent girl; ISSUE:
Whether the acts of Jabalde as constitutive of violation of Section involving sexual intercourse committed against minors, and not
10(a), Article VI of R.A. No. 7610. Section 5 (b) of RA 7610. Indeed, w}file RA 7610 has been
considered as a special law that covers the sexual abuse of minors,
RULING: RA 8353 has expanded the reach of our already existing rape laws.
The Court held that the spontaneity of the accused’s acts and the These existing rape laws should not only pertain to the old Article
fact that the victim suffered only minor abrasions show that the 33528 of the RPC but also to the provision on sexual intercourse
laying of hands was an offshoot of the accused’s emotional outrage under Section 5 (b)29 of RA 7610 which, applying Quimvel's
and a desire to rescue her own child from harm; hence, there was characterization of a child "exploited in prostitution or subjected to
no specific intent to debase the intrinsic worth of the child. The other abuse," virtually punishes the rape of a minor.
essential element of intent was not established with the prescribed
degree of proof required for a successful prosecution under Section Based on the foregoing considerations, the Court therefore holds
10(a), Article VI of R.A. No. 7610. that in instances where an accused is charged and eventually
convicted of having sexual intercourse with a minor, the provisions
—— on rape under RA 8353 amending the RPC should prevail over
Section 5 (b) of RA 7610.
People vs Francisco Ejercito, G.R. No. 229861 (July 2, 2018)

FACTS:
Some time in October 2001, the victim was raped by Ejercito and
threatened to kill her and her family if she would reveal to the
authorities. Haunted by her experience and wanting to start a new
life, the victim moved to the city but Ejercito was able to track her.
He made her her sex slave and and got addicted to drugs, which
then later led to their illicit relationship acting as Ejercito’s paramour.
When Ejercito’s wife discovered their relationship, she filed for a
complain against the victim which then revealed that she was raped
by Ejercito in October 2001, almost five years after she was raped.
Ejercito was then charged with rape and was convicted. Thus this
petition.

ISSUE:
The issue for the Court's resolution is whether or not Ejercito's Bongalon vs People, G.R. No. 169533, March 20, 2013
conviction for the crime of Rape must be upheld.
FACTS:
RULING: In Bongalon v. People, the accused struck and slapped the face of a
minor, after finding out that the latter threw stones at the accused’s
After much deliberation, the Court herein observes that RA 8353 own minor daughters and burnt the hair of one of them.
amending the RPC should now be uniformly applied in cases
ISSUE:
WHETHER OR NOT PETITIONER IS GUILTY OF THE CRIME
CHARGED

RULING:
The Court therein ruled that the laying of hands against a child,
when done at the spur of the moment and in anger, cannot be
deemed as an act of child abuse under Section 10( a), as the
essential element of intent to debase, degrade or demean the
intrinsic worth and dignity of the child as a human being is not
present.

Considering that child’s physical injury required five to seven days of

medical attention, the petitioner was liable for slight physical injuries
under Article 266 (1) of the Revised Penal Code.