Professional Documents
Culture Documents
Death Penalty in The Philippines
Death Penalty in The Philippines
(RA 7659)
December 31, 1993
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Note: The definitions of the following terms are removed since I dont think
theyre important. Please refer to the law if you want to know what these
terms mean:
- "Defacing or tampering with"
- "Repainting"
- "Body-building"
- "Remodeling"
- "Dismantling"
- "Overhauling"
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1. W/in 7 days after its arrival, make a report of the shipment to the
LTO
2. If the MV-EEBC or body does not bear any serial number, he shall
hold them until it is numbered by the LTO.
Sec 12. It shall be unlawful for any person to deface or otherwise tamper
with the original or registered serial number of motor vehicle engines, engine
blocks and chassis.
Sec 13. Penal Provisions. For Violations of Any Provisions of this Act:
- Imprisonment: not less than 2 years nor more than 6 years and a
- Fine: Equal in amount to the acquisition cost of the MV, MV engine
or any other part involved in the violation:
IF offender is a juridical person:
- Penalty imposed on its president or secretary and/or members of the
board of directors or any of its officers and employees who may have
directly participated in the violation.
IF offender is a government official or employee who:
o directly commits the unlawful acts defined in this Act or
o is guilty of gross negligence of duty or
o connives with or permits the commission of any of the said
unlawful act shall,
- in addition to the penalty prescribed above, shall be
o dismissed from the service with prejudice to his
reinstatement and
o disqualified from voting or being voted for in any election
and from appointment to any public office.
Section 14. Penalty for Carnapping.
Irrespective of the value of MV taken, be punished by:
Imprisonment
Manner of Commission
Not less than 14 years and 8 Committed w/o violence or intimidation of
months and Not more than
persons, or force upon things
17 years and 4 months
Not less than 17 years and 4 Committed by means of violence against or
months and not more than
intimidation of any person, or force upon
30 years
things
life imprisonment to death
When the owner, driver or occupant of the
carnapped motor vehicle is killed in the
commission
Sec 15. Aliens convicted shall be deported immediately after service of
sentence without further proceedings by the Deportation Board.
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Sec 16. Reward. - Any person who voluntarily gives information leading to
the recovery of carnapped vehicles and for the conviction of the persons
charged shall be given reward money as the Philippine Constabulary may fix.
Note: Any information given by informers shall be treated as confidential
matter.
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II.
Declared Policy
- To protect and preserve the integrity and confidentiality of bank
accounts and
- To ensure that the RP shall not be used as a money laundering site
for the proceeds of any unlawful activity.
Covered Transactions:
Covered Institutions
a. Banks and other entities, their subsidiaries and affiliates,
supervised/regulated by BSP
b. Insurance companies and other entities supervised/regulated by
Insurance Commission
c. SEC supervised/regulated entities
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GR:
RTC has jurisdiction to try all cases on money laundering.
EXC: Sandiganbayan for those committed by public officers and private
persons who are in conspiracy with such officers
IX.
Prosecution
Any person may be charged with and convicted of BOTH the offense
of money laundering and the unlawful activity as herein defined.
- Provided, That the proceeding relating to the unlawful activity shall
be given precedence w/out prejudice to the freezing and other
remedies provided.
-
X.
XI.
A.
Penalties:
Forfeiture
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(a) Civil Forfeiture. - When there is a covered transaction report made and
the court has ordered seizure of any monetary instrument or property, the
RPC on civil forfeiture shall apply.
(b) Claim on Forfeited Assets. - Where the court has issued an order of
forfeiture, the offender or any other person claiming an interest may apply:
- for a declaration that the same legitimately belongs to him and
- for segregation or exclusion of the monetary instrument or property
corresponding thereto.
(c) Payment in Lieu of Forfeiture. - Where the court has issued an order of
forfeiture and said order cannot be enforced because:
- any property cannot, with due diligence, be located, or
- it has been substantially altered, destroyed, diminished in value
- or it has been concealed, removed, converted or otherwise
transferred
- or it is located outside the Philippines or
- outside the jurisdiction of the court, or
- it has been commingled with other monetary instruments or property
the court may order the convicted offender to pay an amount equal to the
value of said monetary instrument or property.
Case: Republic v. Glasgow Credit and Collection Services, Inc.: A criminal
conviction for an unlawful activity is not a prerequisite for the institution of a
civil forfeiture proceeding a finding of guilt for an unlawful activity is not
an essential element of civil forfeiture. Forfeiture proceedings are actions in
rem service may be made by publication.
XII. Freezing of Accounts:
Issued by Court of Appeals upon ex-parte application of AMLC after
determination of probable cause that monetary instrument or property is in
any way related to Unlawful Activity, for 20 days unless extended
The AMLC may issue a freeze order:
- which shall be effective immediately, for a period NE 15 days.
- The depositor shall have 72 hrs upon receipt of to explain why the freeze
order should be lifted.
- The AMLC has 72 hrs to act on it. If it fails, freeze order shall
automatically be dissolved.
- The freeze order may be extended upon order of the court, provided that
the 15 day period shall be tolled pending the decision to extend
No court shall issue a TRO or injunction against any freeze EXC the CA
or the SC
XIII.
Examination of Accounts
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7.
8.
9.
10.
11.
1.
2.
3.
4.
5.
6.
12.
13.
14.
15.
16.
17.
1. Of an Alien:
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Penalty
- Removed from office and
- Perpetually disqualified from
holding any elective or
appointive positions in the
government, its divisions,
subdivisions,
and
intermediaries, GOCCs
Note: Such officer shall be penalized w/n he knew that the proceeds came
from drugs, but the one who gave must be convicted first by final judgment.
5. Private Individual
Planting any drug and/or
controlled precursor and
essential
chemical,
regardless of qty & purity
Violating any regulation
issued by the Dangerous
Drug Board
Death
Imprisonment: 6 months and 1 day to 4 years
Fine: P10K to P50K in addition to the
administrative sanction imposed by the Board
Accessory Penalties
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or
establishing a
clandestine
laboratory
Possession of
drugs
or
paraphernalia
Other Privileges Withheld from Violators of This Act
1. Shall not be allowed to avail of the provision on plea-bargaining.
2. Any person convicted for drug trafficking or pushing cannot avail of
the privilege granted by the Probation Law (EXC: Minors who are
first-time offenders)
Note: Privileges are withheld REGARDLESS of the penalty
Note: Pendency of appeal suspends the rights of the accused
evidence available for the State other than the information and
testimony of said informant or witness; and
e. The informant or witness shall strictly and faithfully comply without
delay, any condition or undertaking, reduced into writing, lawfully
imposed by the State as further consideration for the grant of
immunity from prosecution and punishment.
5. There is no direct evidence available for the State except for the
information and testimony of the said informant or witness.
Application of Immunity: Immunity may be enjoyed by such informant or
witness who does not appear to be most guilty for the offense with reference
to which his/her information or testimony given.
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Note: During the pendency of the case all properties and proceeds shall be in
custodio legis and no bond shall be admitted for the release of the same.
The Proceeds shall be applied: To all proper expenses incurred in the
proceedings for the confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for publication and court
costs (Any excess shall accrue to the Board to be used in its campaign
against illegal drugs)
Custody and Disposition of Confiscated, Seized and Surrendered
Dangerous Drugs, Paraphernalia and Equipment:
- The PDEA shall take charge and have custody of that confiscated,
seized or surrendered.
Manner of Disposition:
- The apprehending team having initial custody and control
- Immediately after confiscation - physically inventory and photograph
shall be done in the presence of the accused or his/her representative or
counsel, a representative from the media and the DOJ and any elected
public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
- W/in 24 hours upon confiscation/seizure, the same shall be submitted
to the PDEA Forensic Laboratory for a qualitative examination;
- A certification of the forensic laboratory examination results shall be
issued within 24 hours after the receipt (under oath)
o A partial laboratory examination report shall be provisionally made if
the materials are voluminous: Provided, however, that a final
certification on the same within the next 24 hours;
- A criminal case shall then be filed
- Within 72 hours from filing, an ocular inspection shall be conducted of
that confiscated, seized and/or surrendered
- Then the PDEA shall within 24 hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or
his/her representative or counsel, a representative from the media and the
DOJ, civil society group and any elected public official.
- The Board shall then issue a sworn statement as to the fact of
destruction
- Representative sample/s shall be kept to a minimum quantity as
determined by the Board;
- Trial
- Promulgation of judgment in the criminal case
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Penalty
Imprisonment: 12 years
and 1 day to 20 years
Prosecution
under
the
pertinent provision of the
RPC.
Penalty
Imprisonment: 6 months
and 1 day to 6 years
Fine: P1k to P6k
Note: Maximum penalty and
absolute
perpetual
disqualification shall be
imposed IF the offender is a
government official and
employee
The penalty above shall be in
addition to whatever crime
he/she convicted of.
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Any person
Who shall cut, gather, collect, or remove
timber or other forest products from any
forest land, or timber from alienable and
disposable public lands, or from private
lands without any authority under a
license agreement, lease, license or permit
The officers, in the case of partnership,
association or corporation,
Who ordered the cutting, gathering or
collecting
Same
Deported w/out further
proceedings on the part of the
Commission on Immigration
and Deportation
*Imprisonment
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*Imprisonment
*Confiscation of implements
*Cancellation of license
*Imprisonment
*Fine
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*Suspension
of license or
permit
* Dealer
punished with
a fine
FISHERIES DECREE
(PD 704)
May 16, 1974
Sec 2. Declaration of Policy.
- To accelerate and promote the integrated development of the fishery
industry and to keep the fishery resources of the country in optimum
productive condition through proper conservation and protection.
- To promote and encourage the organization of, provide assistance to, and
help integrate the activities engaged in the industry. In this connection,
the fishery industry shall be considered as preferred area of investment.
- To encourage and promote the exportation of fish and fishery/aquatic
products to enable the fishery industry to contribute positively to the
development and growth of the national economy.
CHAPTER VI
PROHIBITION AND PENALTIES
Person and Act Penalized
Sec 33. Illegal fishing, dealing in illegally caught fishery/aquatic products.
Any person to catch, take or gather or cause to be caught, taken or gathered
fishery/aquatic products in RP waters with the use of explosives, obnoxious
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Sec 40. Persons authorized to enforce this Decree and fisheries rules and
regulations. - Members of the Phil Coast Guard, Phil Constabulary, local
police force, govt law enforcement agencies and other competent govt
employees duly designated in writing by the Secretary
Sec 41. Compromise.
- With the approval of the Secretary,
- The Director may, at any stage of the proceeding, compromise any case
arising, subject to the following schedule of administrative fines:
Vessel entering fishery
Fined in a sum NE 5k
reserve or closed areas.
Vessels fishing or
Fined in a sum NE P50 for every month the
continuing to fish after
license remains unrenewed.
the expiration of the
license
Vessel employing
Fined: Not less than P50 Nor More than P100
unlicensed fishermen.
for each fishermen and for each month such
fishermen is employed.
Obstruction of fishery
*Fined in an amount NE P500
officers.
*License of the fishing boat may be cancelled.
Failure to submit
Fined NE P5
required reports
Transfer of ownership or
Fined NE P200
lease of fishing boat not
reported.
Vessel engaging in fishing Fined NE 1K for each month or fraction thereof
without license.
of operation
Other violations.
Fine shall not be less than 50% of the fine
originally imposed for the violation.
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Ratio: The issuance and use of access devices are ought to be regulated in
order to protect the rights and define the liabilities of parties in commercial
transactions involving them.
Duties Imposed: On both the access device issuer and holder
- The act penalizes certain acts deemed unlawful for being detrimental
to either the issuer or holder, or both.
Disclosure Requirements of An Access Device Issuer or Card Issuer:
GR: He/She is mandated to disclose in any application or solicitation to
open a credit card account the ff:
1. Annual percentage rate;
2. Annual and other fees; and
3. Balance calculation method;
4. Cash advance fee; and
5. Over the limit fee.
6. The computation used in order to arrive at such charges and fees
required must be explained in detail in a clear illustration of the
manner by which it is made to apply
Note: Such may be made in oral or in writing
EXC: Disclosure is not necessary: When the application or solicitation is
made through telephone provided:
- The issuer should not impose any annual fee, and fee in connection
with telephone solicitation UNLESS
o The customer signifies acceptance by using the card, and
o That a clear disclosure of the information enumerated in the
preceding paragraph is made in writing w/in 30 after the
consumer requests for the card, but in no event later than the
date of the delivery of the card, and
o That the consumer is not obligated to accept the card or
account and pay any fees or charges disclosed unless the
consumer accepts the card or account by using the card.
Effect of Failure of the Issuer to Fulfill the Above Requirements:
Suspension or cancellation of its authority to issue credit cards, after due
notice and hearing, by the BSP, the SEC and such other govt agencies.
The Above Omission is Made Punishable if the FF Elements Occur:
1. There is an application or solicitation.
2. Such application or solicitation should include the information required
by law. and
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15. Without the authorization of the issuer of the access device, soliciting a
person for the purpose of:
a. Offering an access device; or
b. Selling information regarding or an application to obtain an
access device; or
16. Without the authorization of the credit card system member or its agent,
causing or arranging for another person to present to the member or its
agent, for payment, one or more evidence or records of transactions
made by credit card.
What the Law Seeks to Address: The issue of fraud in the issuance and
use of access devices, especially credit cards.
- Fraud may be committed by BOTH
o The Issuer: By making false or vague information in the application
or solicitation to open credit card accounts.
o The Holder: By fraudulently misrepresents himself by giving wrong
identity, false profession or employment, or bloated income.
Penalties:
- Imprisonment: 6 years to 10 years and
- Fine: 10,000.00 or twice the value of the offense, whichever is higher.
When Penalties are Increased: When offender has a similar previous
conviction (imprisonment of 12 yrs to 20 yrs)
Note: A holder or mere possessor of a counterfeit fraudulently applied for
access device may be convicted and be made to suffer imprisonment and
fine.
Note: Attempted and Frustrated Acts are ALSO Punishable under the law
R.A. 8484 may seem to favor the issuer. A credit card company may be
meted out the penalty of cancellation or suspension, which may be
considered as administrative sanctions. Such sanctions are imposed by
administrative agencies such as the BSP and SEC.
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2. The presence inside the electric meter of salt, sugar and other elements
that could result in the inaccurate registration of the meters internal parts
to prevent its accurate registration of consumption of electricity;
3. The existence of any wiring connection which affects the normal
operation or registration of the electric meter;
4. The presence of a tampered, broken, or fake seal on the meter, or
mutilated, altered, or tampered meter recording chart or graph, or
computerized chart, graph or log;
5. The presence in any part of the building or its premises which is subject
to the control of the consumer or on the electric meter, of a current
reversing transformer, jumper, shorting and/or shunting wire, and/or loop
connection or any other similar device;
6. The mutilation, alteration, reconnection, disconnection, bypassing or
tampering of instruments, transformers, and accessories;
7. The destruction of, or attempt to destroy, any integral accessory of the
metering device box which encases an electric meter, or its metering
accessories; and
8. The acceptance of money and/or other valuable consideration by any
officer or employee of the electric utility concerned or the making of
such an offer to any such officer or employee for not reporting the
presence of any of the circumstances enumerated in subparagraphs above
hereof: Provided, however, That the discovery of any of the foregoing
circumstances, in order to constitute prima facie evidence, must be
personally witnessed and attested to by an officer of the law or a duly
authorized representative of the ERB
Prima facie evidence that such line/material is the fruit of the offense of
theft of electricity:
- The possession, control, or custody of electric power transmission
line/material by any person, not engaged in the transformation,
transmission or distribution of electric power, or in the manufacture
of such electric power transmission line/material
- Such line/material may be confiscated from the person in possession,
control or custody thereof.
Sec 6. Disconnection of Electric Service.
The private electric utility or rural electric cooperative concerned shall have
the right and authority to disconnect immediately the electric service:
- After serving a written notice or warning to that effect, without the
need of a court or administrative order, and
- deny restoration of the same,
when the owner of the house or establishment of the same:
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