Special Penal Laws, An Overview

Act No.
4103
INDETERMINATE SENTENCE LAW (ISL)
I. Important Provisions
Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal
Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum
term of which shall be that which, in view of the attending circumstances, could be properly imposed under
the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that
prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the
same.
Section. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or
life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who
are habitual delinquents; to those who have escaped from confinement or evaded sentence; to those who
having been granted conditional pardon by the Chief Executive shall have violated the terms thereof; to those
whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final
judgment at the time of approval of this Act, except as provided in Section 5 hereof.
*** *** ***
Section. 6. Every prisoner released from confinement on parole by virtue of this Act shall, at such
times and in such manner as may be required by the conditions of his parole, as may be designated by the said
Board for such purpose, report personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence for a period of surveillance equivalent to the remaining
portion of the maximum sentence imposed upon him or until final release and discharge by the Board of
Indeterminate Sentence as herein provided. The officials so designated shall keep such records and make such
reports and perform such other duties hereunder as may be required by said Board. The limits of residence of
such paroled prisoner during his parole may be fixed and from time to time changed by the said Board in its
discretion. If during the period of surveillance such paroled prisoner shall show himself to be a law-abiding
citizen and shall not violate any of the laws of the Philippine Islands, the Board of Indeterminate Sentence may
issue a final certificate of release in his favor, which shall entitle him to final release and discharge.
*** *** ***
Section 8. Whenever any prisoner released on parole by virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his parole, the Board of Indeterminate Sentence may issue an
order for his re-arrest which may be served in any part of the Philippine Islands by any police officer. In such
case the prisoner so re-arrested shall serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison, unless the Board of Indeterminate Sentence shall, in its
discretion, grant a new parole to the said prisoner.
II. Purpose of the Law
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 If the penalty Is divisible and would entail a deprivation of liberty, penalty should have a maximum
and minimum period.
III. Salient Featues
 When ISL NOT Applicable
a. Offenses punished by death or life imprisonment.

b. Those convicted of treason (Art. 114), conspiracy or proposal to commit treason (Art. 115).
c. Those convicted of misprision of treason (Art. 116), rebellion (Art. 134), sedition (art. 139) or
espionage (Art. 117)
d. Those convicted of piracy
e. Habitual delinquents
f. Those who escaped from confinement or those who evaded sentence.
g. Those granted conditional pardon and who violated the terms of the same
h. Those whose maximum period of imprisonment does not exceed one year
i. Those who are already serving final judgment upon the approval of the Indeterminate Sentence
Law.
 When ISL Applicable
a. Divisible Penalty
b. Imprisonment as penalty
c. Penalty exceeds 1 year
 Application of ISL
1. Determine first the penalty imposable (ex. For homicide, reclusion temporal)
2. Next, what affects the penalty imposable? Determine the existence of aggravating and mitigating
circumstances. Consider first the existence of privileged mitigating circumstances.
 Aggravating: maximum period
 Mitigating: minimum period
 No aggravating and mitigating: medium period
 Both general aggravating and mitigating circumstances: offset each other
 Special aggravating: maximum period even if there is mitigating circumstance EXCEPT if the
mitigating circumstance is privileged meaning, this should be applied first before the special
aggravating.
3. Minimum period: 1 degree lower from penalty after consideration of circumstances
4. Discretionary on the point of the judge after determination of minimum period, which can be
anywhere within the range of the penalty next lower without any reference to the periods into
which it may be subdivided.
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III. Jurisprudence
People v. Aquino (G.R. No. 125906, January 16, 1998)

The Supreme Court in this case agreed with the Court of Appeals that the proper penalty to
be imposed on accused-appellant should be reclusion perpetua. At the time the crime was
committed, the imposable penalty for murder was reclusion temporal in its maximum period to
death. 17 Since there was neither aggravating nor mitigating circumstance attending commission of
the crime, the penalty should be imposed in its medium period, 18 that is, reclusion perpetua. 19
Accused-appellant cannot avail of the benefits of the Indeterminate Sentence Law because
Indeterminate Sentence Law does not apply to persons convicted of offenses punishable with
reclusion perpetua.
People v. Gabres (G.R. No. 118950 February 6, 1997)

The Court held that, “Under the Indeterminate Sentence Law, the maximum term of the
penalty shall be "that which, in view of the attending circumstances, could be properly imposed"
under the Revised Penal Code, and the minimum shall be "within the range of the penalty next
lower to that prescribed" for the offense. The penalty next lower should be based on the penalty
prescribed by the Code for the offense, without first considering any modifying circumstance
attendant to the commission of the crime.The determination of the minimum penalty is left by law
to the sound discretion of the court and it can be anywhere within the range of the penalty next
lower without any reference to the periods into which it might be subdivided. The modifying
circumstances are considered only in the imposition of the maximum term of the indeterminate
sentence.
P.D. NO. 968

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ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUND THEREFOR AND FOR OTHER
PURPOSES
Section 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be less probable if
he were to serve a prison sentence; and
(c) prevent the commission of offenses.
Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context otherwise requires,
be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
(b) "Probationer" means a person placed on probation.
(c) "Probation Officer" means one who investigates for the court a referral for probation or supervises
a probationer or both.
Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the
execution of said sentence and place the defendant on probation for such period and upon such terms and
conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has
been taken from the sentence of conviction. The filing of the application shall be deemed a waver of the right
to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Section 5. Post-sentence Investigation. No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and the best
interest of the public as well as that of the defendant will be served thereby.
Section 6. Form of Investigation Report. The investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and approved by
the Secretary of Justice.
Section 7. Period for Submission of Investigation Report. The probation officer shall submit to the
court the investigation report on a defendant not later than sixty days from receipt of the order of said court
to conduct the investigation. The court shall resolve the petition for probation not later than five days after
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receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant may
be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in case where no bail
was filed or that the defendant is incapable of filing one, the court may allow the release of the defendant on
recognize the custody of a responsible member of the community who shall guarantee his appearance
whenever required by the court.
Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender may be
placed on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
(a) the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime; or
(c) probation will depreciate the seriousness of the offense committed.
Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.
Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such place as
may be specified in the order within seventy-two hours from receipt of said order;
(b) report to the probation officer at least once a month at such time and place as specified by said
officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
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(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in
a specified institution, when required for that purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit to probation officer or an authorized social worker to visit his home and place or work;
(j) reside at premises approved by it and not to change his residence without its prior written
approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive
of his liberty or incompatible with his freedom of conscience.
Section 11. Effectivity of Probation Order. A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the consequences thereof and explain that upon his failure
to comply with any of the conditions prescribed in the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which he was placed on probation.
Section 12. Modification of Condition of Probation. During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions or period
of probation. The court shall notify either the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change in the period
or conditions of probation.
Section 13. Control and Supervision of Probationer. The probationer and his probation program shall
be under the control of the court who placed him on probation subject to actual supervision and visitation by
a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court, control over
him shall be transferred to the Executive Judge of the Court of First Instance of that place, and in such a case, a
copy of the probation order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously possessed by the court which granted the probation.
Section 14. Period of Probation.
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(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than
one year shall not exceed two years, and in all other cases, said period shall not exceed six years.
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than twice
the total number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine
of the Revised Penal Code, as amended.
Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The
probationer, once arrested and detained, shall immediately be brought before the court for a hearing, which
may be informal and summary, of the violation charged. The defendant may be admitted to bail pending such
hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be
applicable to probationers arrested under this provision. If the violation is established, the court may revoke
or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer
to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable.
Section 16. Termination of Probation. After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the
case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as
a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which
probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such order.
II. Salient Features
 How will you apply for probation?

1. Apply within period of appeal – 15 days from day of conviction
2. Apply with the court which rendered judgment
3. Application in writing
4. No specific form of application
5. One’s release of one’s recognizance
 Mandatory Conditions
1. Report to the designated probation office within 72 hours after receipt of order.
2. To report periodically to the officer at least once a month sooner as the latter may deem
 Discretionary Conditions
1. Officer shall visit him in his residence, workplace, etc. even without prior notice
2. Not to go to houses of ill repute
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3. No liquor
4. Refrain from association with people of dubious character
5. Cooperate with the program
 Period to file for Application

Must be filed within period of perfecting an appeal
III. Jurisprudence
Tolentino vs. Alconcel (G.R. No. L-63400, March 18, 1983)

“The Supreme Court held in this case that “Probation is a mere privilege and its grant rests
solely upon the discretion of the court. 5 As aptly noted in U.S. vs. Durken, 6 this discretion is to be
exercised primarily for the benefit of organized society and only incidentally for the benefit of the
accused. “
Yusi vs. Morales (G.R. No. L-61958 April 28, 1983)

The issue in this case is whether or not the petitioners whose application for probation was
granted after conviction of the crime of estafa may still withdraw such application for probation and
within the reglementary period appeal the judgment of conviction. The Court ruled that it is not.
Considering that the application for probation is an admission of guilt on the part of an accused for
the crime which led to the judgment of conviction and that the application for probation is
considered a waiver upon his part to file an appeal, it is in the best interests of justice that the court
should take the necessary steps to insure that the accused has been fully apprised of the full import
of his application before the court acts on it. Furthermore, Presidential Decree No. 968 which
established the Probation System was envisioned among other things, "to provide an opportunity
for the reformation of a penitent offender which might be less probable if he were to serve a prison
sentence" (Section 2(b), Presidential Decree No. 968).
Under the facts of this case, the petitioners cannot be considered "penitent offenders." They
appeared to have improvidently filed their application for probation and should be allowed to
withdraw it and to appeal the decision.
P.D. 1612
THE ANTI-FENCING LAW
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Section 2. Definition of Terms. The following terms shall mean as follows:

(a) "Fencing" is the act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership or other
organization who/which commits the act of fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of the property involved is more than 12,000
pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the
penalty provided in this paragraph shall be imposed in its maximum period, adding one year for
each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty
years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty
pertaining thereto provided in the Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its medium and maximum periods, if the value of
the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.
(c) The penalty of prision correccional in its minimum and medium periods, if the value of
the property involved is more than 200 pesos but not exceeding 6,000 pesos.
(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum
period, if the value of the property involved is over 50 pesos but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but
not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5
pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer thereof who knows or should have known
the commission of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or thievery shall be prima facie evidence of
fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all
stores, establishments or entities dealing in the buy and sell of any good, article item, object of
anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the
same for sale to the public, secure the necessary clearance or permit from the station commander
of the Integrated National Police in the town or city where such store, establishment or entity is
located. The Chief of Constabulary/Director General, Integrated National Police shall promulgate
such rules and regulations to carry out the provisions of this section. Any person who fails to secure
the clearance or permit required by this section or who violates any of the provisions of the rules
and regulations promulgated thereunder shall upon conviction be punished as a fence. lawphi1.net
II. Rules and regulations to carry out the provisions of section 6 of P.D. 1612
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Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the
following rules and regulations are hereby promulgated to govern the issuance of
clearances/permits to sell used secondhand articles obtained from an unlicensed dealer or supplier
thereof:
I. Definition of Terms
1. "Used secondhand article" shall refer to any goods, article, item, object or anything of
value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually
or in fact been used.
2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation,
association or any other entity or establishment not licensed by the government to engage in the
business of dealing in or of supplying the articles defined in the preceding paragraph.
3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in
the buying and selling used secondhand articles, as defined in paragraph hereof.
4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles
for the purpose of resale to third persons.
5. "Station Commander" shall refer to the Station Commander of the Integrated National
Police within the territorial limits of the town or city district where the store, establishment or entity
dealing in the buying and selling of used secondhand articles is located.
III. Procedure for Procurement of Clearances or Permits

1. The Station Commanders concerned shall require the owner of a store or the president,
manager or responsible officer-in-charge of a firm, establishment or other entity located within their
respective jurisdictions and in possession of or having in stock used secondhand articles as defined
herein, to submit an initial affidavit within thirty (30) days from receipt of notice for the purpose
thereof and subsequent affidavits once every fifteen (15) days within five (5) days after the period
covered, which shall contain:
(a) A complete inventory of such articles acquired daily from whatever source and the
names and addresses of the persons from whom such articles were acquired.
(b) A full list of articles to be sold or offered for sale as well as the place where the date
when the sale or offer for sale shall commence.
(c) The place where the articles are presently deposited or kept in stock.
The Station Commander may, at his discretion when the circumstances of each case
warrant, require that the affidavit submitted be accompanied by other documents showing proof of
legitimacy of the acquisition of the articles.
2. A party required to secure a clearance or permit under these rules and regulations shall
file an application therefor with the Station Commander concerned. The application shall state:
(a) The name, address and other pertinent circumstances of the persons, in case of an
individual or, in the case of a firm, corporation, association, partnership or other entity, the name,
address and other pertinent circumstances of the president, manager or officer-in-charge.
(b) The article to be sold or offered for sale to the public and the name and address of the
unlicensed dealer or supplier from whom such article was acquired.
In support of the application, there shall be attached to it the corresponding receipt or other
equivalent document to show proof of the legitimacy of acquisition of the article.
3. The Station Commander shall examine the documents attached to the application and
may require the presentation of other additional documents, if necessary, to show satisfactory proof
of the legitimacy of acquisition of the article, subject to the following conditions:
(a) If the legitimacy of acquisition of any article from an unlicensed source cannot be
satisfactorily established by the documents presented, the Station Commander shall, upon approval
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of the INP Superintendent in the district and at the expense of the party seeking the
clearance/permit, cause the publication of a notice in a newspaper of general circulation for two (2)
successive days enumerating therein the articles acquired from an unlicensed dealer or supplier, the
names and addresses of the persons from whom they were acquired and shall state that such
articles are to be sold or offered for sale to the public at the address of the store, establishment or
other entity seeking the clearance/permit. In places where no newspapers are in general circulation,
the party seeking the clearance or permit shall, instead, post a notice daily for one week on the
bulletin board of the municipal building of the town where the store, firm, establishment or entity
concerned is located or, in the case of an individual, where the articles in his possession are to be
sold or offered for sale.
(b) If after 15 days, upon expiration of the period of publication or of the notice referred to
in the preceding paragraph, no claim is made with respect to any of the articles enumerated in the
notice, the Station Commander shall issue the clearance or permit sought.
(c) If, before expiration of the same period for publication of the notice or its posting, it shall
appear that any of the articles in question is stolen property, the Station Commander shall hold the
article in restraint as evidence in any appropriate case to be filed. Articles held in restraint shall be
kept and disposed of as the circumstances of each case permit, taking into account all
considerations of right and justice in the case. In any case where any article is held in restraint, it
shall be the duty of the Station Commander concerned to advise/notify the Commission on Audit of
the case and comply with such procedure as may be proper under applicable existing laws, rules and
regulations.
4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of
the application, act thereon by either issuing the clearance/permit requested or denying the same.
Denial of an application shall be in writing and shall state in brief the reason/s therefor.
5. The application, clearance/permit or the denial thereof, including such other documents
as may be pertinent in the implementation of Section 6 of P.D. No. 1612 shall be in the forms
prescribed in Annexes "A", "B", "C", "D", and "E" hereof, which are made integral parts of these
rules and regulations.
6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee
shall be charged.
IV. Appeals
Any party aggrieved by the action taken by the Station Commander may elevate the
decision taken in the case to the proper INP District Superintendent and, if he is still dissatisfied
therewith may take the same on appeal to the INP Director. The decision of the INP Director may
also be appealed to the INP Director-General whose decision may likewise be appealed to the
Minister of National Defense. The decision of the Minister of National Defense on the case shall be
final. The appeal against the decision taken by a Commander lower than the INP Director-General
should be filed to the next higher Commander within ten (10) days from receipt of notice of the
decision. The decision of the INP Director-General should be appealed within fifteen (15) days from
receipt of notice of the decision.
V. Penalties
1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612
or who violates any of the provisions of these rules and regulations shall upon conviction be
punished as a fence.
2. The INP Director-General shall recommend to the proper authority the cancellation of the
business license of the erring individual, store, establishment or the entity concerned.
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3. Articles obtained from unlicensed sources for sale or offered for sale without prior
compliance with the provisions of Section 6 of P.D. No. 1612 and with these rules and regulations
shall be held in restraint until satisfactory evidence or legitimacy of acquisition has been established.
4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and
which are found to be stolen property shall likewise be held under restraint and shall, furthermore,
be subject to confiscation as evidence in the appropriate case to be filed. If, upon termination of the
case, the same is not claimed by their legitimate owners, the article/s shall be forfeited in favor of
the government and made subject to disposition as the circumstances warrant in accordance with
applicable existing laws, rules and regulations. The Commission on Audit shall, in all cases, be
notified.
5. Any personnel of the Integrated National Police found violating the provisions of Section 6
of P.D. No. 1612 or any of its implementing rules and regulations or who, in any manner whatsoever,
connives with or through his negligence or inaction makes possible the commission of such
violations by any party required to comply with the law and its implementing rules and regulations,
shall be prosecuted criminally without prejudice to the imposition of administrative penalties.
III. Salient Features
 Important Terms
FENCING
Act of any person who, with intent to gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal
in any article, item, object or anything of value which he knows, or should be known to him, to have
been derived from the proceeds of robbery or theft.
The fence should otherwise be an accessory had not the offense filed against him was
fencing
 Elements Of Fencing
 Robbery or theft has been committed
 The accuse who is not the principal or accomplice in this crime, buys, receives, possess, keeps,
acquires, conceals, sells, or in any other manner deal in any article, item, object or anything of value
which he knows, or should be known to him, to have been derived from the proceeds of said crime
 The accused knows or should have known that the said article, item, object or anything of value has
been derived from the proceeds of the crime
 There is, on the part of the accused the intent to gain for himself or for another
 Penalty for Fencing

 The same with the crime of theft
 Rules with establishments selling secondhand articles

 Obtain license from the city or municipal government
 Keep an inventory of goods and articles bought and sold
 Duty of station manager to ensure proper inventory
 Duty to require owner to show of acquisition
 To prevent harassment, require proof of ownership from the seller. Otherwise, ask for an affidavit of
ownership duly notarized.
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 Robbery or theft need not be proven
As long as you show person doesn’t own the property and there is evidence to show there
was robbery
Even if its lost property, the owner should be appraised of such
 Criminal intent not required

Only the intent to gain
 Prima facie presumption

Mere possession of any good, article, item, object or anything of value which has been the
subject of robbery or theft shall be prima facie evidence of fencing
IV. Jurisprudence
People vs. De Guzman (G.R. No. 77368, October 5, 1983)

The sole issue in this case, Is the crime of "fencing" a continuing offense that could allow the
filing of an information therefor in the place where the robbery or theft is committed and not
necessarily where the property, unlawfully taken is found to have later been acquired?
The Supreme Court resolve this issue by saying that “The crimes of robbery and fencing are
clearly then two distinct offenses. The law on fencing does not require the accused to have
participated in the criminal design to commit, or to have been in any wise involved in the
commission of, the crime of robbery or theft. Neither is the crime of robbery or theft made to
depend on an act of fencing in order that it can be consummated. True, the object property in
fencing must have been previously taken by means of either robbery or theft but the place where
the robbery or theft occurs is inconsequential. It may not be suggested, for instance, that, in the
crime of bigamy which presupposes a prior subsisting marriage of an accused, the case should
thereby be triable likewise at the place where the prior marriage has been contracted.”
People v. Muere (G.R.12902, October 18, 1994)

In this case, the third element was not proven. This case involves the selling of alleged
stolen Kenwood Stereo Unit in the store Danvir Trading, owned by the spouses Muere. The store is
engaged in buying and selling of second hand merchandise located at Pasay Road, Makati. The said
stereo was bought from Wynn’s Audio, an existing establishment. The court held that there is no
proof that the spouses Muere, had knowledge of the fact that the stereo was stolen. The spouses
Muere purchased the stereo from a known merchant and the unit is displayed for sale in their store.
These actions are not indicative of a conduct of a guilty person.
R.A. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
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Corrupt practices of public officers.
(a) Persuading, inducing or influencing another public officer to perform an act constituting
a violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or
benefit, for himself or for any other person, in connection with any contract or transaction between
the Government and any other part, wherein the public officer in his official capacity has to
intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or
material benefit, for himself or for another, from any person for whom the public officer, in any
manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or
license, in consideration for the help given or to be given, without prejudice to Section thirteen of
this Act.
(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof or within one
year after its termination.
e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official
administrative or judicial functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.
( f ) Neglecting or refusing, after due demand or request, without sufficient justification, to

act within a reasonable time on any matter pending before him for the purpose of obtaining,
directly or indirectly, from any person interested in the matter some pecuniary or material benefit
or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of
or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit
thereby.
(h) Director or indirectly having financing or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in which
he is prohibited by the Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest
in any transaction or act requiring the approval of a board, panel or group of which he is a member,
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and which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
( j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by

him on account of his official position to unauthorized persons, or releasing such information in
advance of its authorized release date.
II. Purpose of the Anti-Graft and Corrupt Practices Act
 In line with the principle that a public office is a public trust, to repress certain acts of public officers
and private persons alike which constitute graft or corrupt practices or which may lead thereto.
 UNEXPLAINED WEALTH, MEANING
Prima facie evidence of and dismissal due to unexplained wealth. If in accordance with the
provisions of RA 1379, a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground
for dismissal or removal.
Note: Unsolicited gifts or presents of small or insignificant value shall be offered or given as a
mere ordinary token of gratitude or friendship according to local customs or usage shall be
exempted from the provision of this act.
 MEANING OF “CAUSING UNDUE INJURY”
The act of giving any private party any unwarranted benefit, advantage or preference is not
an indispensable element of causing any undue injury to any part, although there may be instances
where both elements concur. (Santiago vs Garchitorena, et al., 2 Dec. 93)
 Elements of neglect of duty under sec. 3 of ra 3019

o the offender is a public officer;
o the said officer has neglected or has refused to act without sufficient justification
after due demand or request has been made upon him;
o reasonable time has elapsed from such demand or request without the public
officer having acted on the matter pending before him;
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o such failure to so act is for the purpose of obtaining directly or indirectly from any
person interested in the matter some pecuniary or material benefit or advantage in favor of an
interested party or discriminating against another. Coronado v Sandiganbayan.
 Public officer acted with manifest partiality, evident bad faith, or inexcusable negligence
Sec. 3. Corrupt practices of public officers. – In addition to acts or omissions of public officers already penalized
by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be
unlawful:
(e). Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees
of offices or government corporations charged with the grant of licenses or permits or other concessions.
 Violation of section 3 (e) of ra 3019 requires proof of the following facts, viz:
o the accused is a public officer discharging administrative or official functions or private persons charged in conspiracy with
them;
 the public officer committed the prohibited act during the performance of his official duty or in
relation to his public position;
 the public officer acted with manifest partiality evident bad faith or gross, inexcusable negligence;
and
 his action caused undue injury to the government or any private party, or gave any party any
unwarranted benefit, advantage or preference to such parties.
 Causing undue injury under sec. 3, letter (e) of ra 3019. Meaning.

o Section 3 enumerates in eleven subsections the corrupt practices of any public officer declared unlawful. Its reference to
any public officer is without distinction or qualification and it specifies the acts declared unlawful. We agree with the view
adopted by the Solicitor General that the last inclusion of officers and employees of offices or government corporations
which, under the ordinary concept of “public officer” may not come within the term. It is a strained construction of the
provision to read it as applying exclusively to public officers charged with the duty of granting license or permits or other
concessions. (Mejorada v Sandiganbayan, 151 SCRA 399).
 When may a public officer be liable for causing undue injury under sec. 3(e) of ra 3019
Causing any undue injury to any party, including the Government, or giving any private party
any unwarranted benefits, advantage or preference in the discharge of his official, administrative or
judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government corporations charged with
the grant of licenses or permits or other concessions.”
To hold a person liable under this section, the concurrence of the following elements must
be established beyond reasonable doubt by the prosecution:
“(1) That the accused is a public officer or a private person charged in conspiracy with the
former;
(2) That said public officer commits the prohibited acts during the performance of his or her
official duties or in relation to his or her public positions;
(3) That he or she causes undue injury to any party, whether the government or a private
party; and
- That the public officer has acted with manifest partiality, evident bad faith or gross
inexcusable negligence.” (Llorente v. Sandiganbayan; GR 122166, Mar. 11, 1998)
IV. Jurisprudence
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Mejoroda v Sandiganbayan
In this case, the Supreme Court has ruled that the offender in causing undue injury does not
refer only to those who are in charge of giving permits, licenses or concessions but all acts of public
officers or employees which have caused undue injury to others
Air France v. Carrascoso, 18 SCRA 155

In this case, the Supreme Court contemplated the meaning of Bad faith under this act. Bad
faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some
moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or
intent or ill will; it partakes of the nature of fraud. It contemplates a state of mind affirmatively
operating with furtive design or some motive of self interest or ill will for ulterior purposes, 166-
167). Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong
or cause damage.”
P.D. 603
THE CHILD AND YOUTH WELFARE CODE
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Article 1. Declaration of Policy. - The Child is one of the most important assets of the nation.
Every effort should be exerted to promote his welfare and enhance his opportunities for a useful
and happy life.
The child is not a mere creature of the State. Hence, his individual traits and aptitudes
should be cultivated to the utmost insofar as they do not conflict with the general welfare.
The molding of the character of the child starts at the home. Consequently, every member
of the family should strive to make the home a wholesome and harmonious place as its atmosphere
and conditions will greatly influence the child's development.
Attachment to the home and strong family ties should be encouraged but not to the extent
of making the home isolated and exclusive and unconcerned with the interests of the community
and the country.
The natural right and duty of parents in the rearing of the child for civic efficiency should
receive the aid and support of the government.
Other institutions, like the school, the church, the guild, and the community in general,
should assist the home and the State in the endeavor to prepare the child for the responsibilities of
adulthood.
Article 3. Rights of the Child. - All children shall be entitled to the rights herein set forth
without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents,
and other factors.
(1) Every child is endowed with the dignity and worth of a human being from the moment of
his conception, as generally accepted in medical parlance, and has, therefore, the right to be born
well.
(2) Every child has the right to a wholesome family life that will provide him with love, care
and understanding, guidance and counseling, and moral and material security.
The dependent or abandoned child shall be provided with the nearest substitute for a
home.
(3) Every child has the right to a well-rounded development of his personality to the end
that he may become a happy, useful and active member of society.
The gifted child shall be given opportunity and encouragement to develop his special
talents.
The emotionally disturbed or socially maladjusted child shall be treated with sympathy and
understanding, and shall be entitled to treatment and competent care.
The physically or mentally handicapped child shall be given the treatment, education and
care required by his particular condition.
(4) Every child has the right to a balanced diet, adequate clothing, sufficient shelter, proper
medical attention, and all the basic physical requirements of a healthy and vigorous life.
(5) Every child has the right to be brought up in an atmosphere of morality and rectitude for
the enrichment and the strengthening of his character.
(6) Every child has the right to an education commensurate with his abilities and to the
development of his skills for the improvement of his capacity for service to himself and to his
fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome recreation and
activities, individual as well as social, for the wholesome use of his leisure hours.
(8) Every child has the right to protection against exploitation, improper influences, hazards,
and other conditions or circumstances prejudicial to his physical, mental, emotional, social and
moral development.
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(9) Every child has the right to live in a community and a society that can offer him an
environment free from pernicious influences and conducive to the promotion of his health and the
cultivation of his desirable traits and attributes.
(10) Every child has the right to the care, assistance, and protection of the State, particularly
when his parents or guardians fail or are unable to provide him with his fundamental needs for
growth, development, and improvement.
(11) Every child has the right to an efficient and honest government that will deepen his
faith in democracy and inspire him with the morality of the constituted authorities both in their
public and private lives.
(12) Every child has the right to grow up as a free individual, in an atmosphere of peace,
understanding, tolerance, and universal brotherhood, and with the determination to contribute his
share in the building of a better world.
Article 4. Responsibilities of the Child. - Every child, regardless of the circumstances of his
birth, sex, religion, social status, political antecedents and other factors shall:
(1) Strive to lead an upright and virtuous life in accordance with the tenets of his religion,
the teachings of his elders and mentors, and the biddings of a clean conscience;
(2) Love, respect and obey his parents, and cooperate with them in the strengthening of the
family;
(3) Extend to his brothers and sisters his love, thoughtfulness, and helpfulness, and
endeavor with them to keep the family harmonious and united;
(4) Exert his utmost to develop his potentialities for service, particularly by undergoing a
formal education suited to his abilities, in order that he may become an asset to himself and to
society;
(5) Respect not only his elders but also the customs and traditions of our people, the
memory of our heroes, the duly constituted authorities, the laws of our country, and the principles
and institutions of democracy;
(6) Participate actively in civic affairs and in the promotion of the general welfare, always
bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility
of leadership in shaping the nation's future; and
(7) Help in the observance of individual human rights, the strengthening of freedom
everywhere, the fostering of cooperation among nations in the pursuit of their common aspirations
for programs and prosperity, and the furtherance of world peace.
Article 5. Commencement of Civil Personality. - The civil personality of the child shall
commence from the time of his conception, for all purposes favorable to him, subject to the
requirements of Article 41 of the Civil Code.
Article 6. Abortion. - The abortion of a conceived child, whether such act be intentional or
not, shall be governed by the pertinent provisions of the Revised Penal Code.
Article 7. Non-disclosure of Birth Records. - The records of a person's birth shall be kept
strictly confidential and no information relating thereto shall be issued except on the request of any
of the following:
(1) The person himself, or any person authorized by him;(2) His spouse, his parent or
parents, his direct descendants, or the guardian or institution legally in-charge of him if he is a
minor;(3) The court or proper public official whenever absolutely necessary in administrative,
judicial or other official proceedings to determine the identity of the child's parents or other
circumstances surrounding his birth; and(4) In case of the person's death, the nearest of kin.
Any person violating the prohibition shall suffer the penalty of imprisonment of at least two
months or a fine in an amount not exceeding five hundred pesos, or both, in the discretion of the
court.
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 RELIGIOUS INSTRUCTION
The religious education of children in all public and private schools is a legitimate concern of
the Church to which the students belong. All churches may offer religious instruction in public and
private elementary and secondary schools, subject to the requirements of the Constitution and
existing laws.
 TERMINATION OF RIGHTS OF PARENTS
When a child shall have been committed to the Department of Social Welfare or any duly
licensed child placement agency or individual pursuant to an order of the court, his parents or
guardian shall thereafter exercise no authority over him except upon such conditions as the court
may impose.
 VIOLATION OF PD 603 BY A CHILD
Prohibited Acts:
It shall be unlawful for any child to leave the person or institution to which he has been
judicially or voluntarily committed or the person under whose custody he has been placed in
accordance with the next preceding article, or for any person to induce him to leave such person or
institution, except in case of grave physical or moral danger, actual or imminent, to the child.
Any violation of this article shall be punishable by an imprisonment of not more than one
year or by a fine of not more than two thousand pesos, or both such fine and imprisonment at the
discretion of the court: Provided, That if the violation is committed by a foreigner, he shall also be
subject to deportation.
 CARE OF YOUTHFUL OFFENDER

HELD FOR EXAMINATION OR TRIAL
A youthful offender held for physical and mental examination or trial or pending appeal, if
unable to furnish bail, shall from the time of his arrest be committed to the care of the Department
of Social Welfare or the local rehabilitation center or a detention home in the province or city which
shall be responsible for his appearance in court whenever required: Provided, That in the absence of
any such center or agency within a reasonable distance from the venue of the trial, the provincial,
city and municipal jail shall provide quarters for youthful offenders separate from other detainees.
The court may, in its discretion, upon recommendation of the Department of Social Welfare or other
agency or agencies authorized by the Court, release a youthful offender on recognizance, to the
custody of his parents or other suitable person who shall be responsible for his appearance
whenever required.
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 SUSPENSION OF SENTENCE AND COMMITMENT
OF YOUTHFUL OFFENDER
If after hearing the evidence in the proper proceedings, the court should find that the
youthful offender has committed the acts charged against him the court shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead of
pronouncing judgment of conviction, the court shall suspend all further proceedings and shall
commit such minor to the custody or care of the Department of Social Welfare, or to any training
institution operated by the government, or duly licensed agencies or any other responsible person,
until he shall have reached twenty-one years of age or, for a shorter period as the court may deem
proper, after considering the reports and recommendations of the Department of Social Welfare or
the agency or responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of

the Department of Social Welfare or any duly licensed agency or such other officer as the Court may
designate subject to such conditions as it may prescribe.
III. Jurisprudence
People vs. Cordova, (G.R. No. 83373-74, July 5, 1993)

The Supreme Court in declaring that every accused is presumed to be sane at the time of
the crime, decided in this case that “the law presumes all acts to be voluntary, and that it is
improper to presume that acts were done unconsciously. The quantum of evidence required to
overthrow the presumption of sanity is proof beyond reasonable doubt. Since insanity is in the
nature of a confession and avoidance, it must be proven beyond reasonable doubt. Moreover, an
accused is presumed to have been sane at the time of the commission of the crime in the absence of
positive evidence to show that he had lost his reason or was demented prior to or during the
perpetration of the crime. Eduardo's mother was already making a conclusion when she stated that
Eduardo had no work because he was insane. More concrete acts showing the mental condition of
the person alleged to be insane need to be shown in order that insanity may be appreciated in his
favor.”
People vs. Mendez (G.R. No. L-48131, May 30, 1983)

The Court in this case agreed with the trial court in saying that the Child and Youth Welfare
Code does not apply to those convicted of offenses punishable by death, or reclusion perpetua
(Presidential Decree No. 603, as amended by Presidential Decree Nos. 1179 and 1210). The fact is
Bolioc is now twenty-three years old. He is not entitled to a suspended sentence.
B.P. 22
BOUNCING CHECKS LAW
I. Important Provisons
ACTS PUNISHABLE:
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1. any person who makes or draws and issues any check to apply on account or for value,
knowing at the time of issue that he does not have sufficient funds in or credit with the drawee
bank, for the payment of such check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds, or credit, or would have been dishonored
for the same reason had not the drawee, without any valid reason, ordered the bank to stop
payment.
2. Any person who having sufficient funds in or credit with the drawee bank when he makes
or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of ninety days from date appearing thereon, for
which reason, it is dishonored by the drawee bank.
HOW TO ESTABLISH GUILT OF ACCUSED IN BP 22
To establish her guilt, it is indispensable that the checks she issued for which she was
subsequently charged, be offered in evidence because the gravamen of the offense
charged is the act of knowingly issuing a check with insufficient funds. Clearly, it was error
to convict complainant on the basis of her letter alone. Nevertheless, despite this
incorrect interpretation of a rule on evidence, we do not find the same as sufficiently
constitutive of the charges of gross ignorance of the law and of knowingly rendering an
unjust decision. Rather, it is at most an error in judgment, for which, as a general rule, he
cannot be held administratively liable. In this regard, we reiterate the prevailing rule in
our jurisdiction as established by current jurisprudence. (Gutierrez v Pallatao; 8/8/98)
 Notice, an indispensable requisite for prosecution
Section 3 of BP 22 requires that the holder of the check or the drawee bank, must notify the
drawer of the check that the same was dishonored, if the same is presented within ninety days from
date of issuance, and upon notice the drawer has five days within which to make arrangements for
the payment of the check or pay the same in full.
 Duty of the drawee bank
The drawee bank has the duty to cause to be written, printed or stamped in plain language
thereon, or attached thereto the reason for the drawee’s dishonor or refusal to pay the same. If the
drawee bank fails to do so, prosecution for violation of BP 22 may not prosper.
 Rule in case of dishonor due to stop payment
The drawee bank has not only the duty to indicate that the drawer stopped the payment
and the reason for the stop payment. The drawee bank is further obligated to state whether the
drawer of the check has sufficient funds in the bank or not.
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 Check drawn against a dollar account. Rule:
A check drawn against a dollar account in a foreign country is still violative of the provisions
of BP 22 so long as the check is issued, delivered or uttered in the Philippines, even if the same is
payable outside of the Philippines (De Villa v. CA)
 Guarantee checks, drawer, still liable

The mere act of issuing a worthless check is punishable. Offender cannot claim good faith
for it is malum prohibitum.
In the case of Magno vs CA, when accused issued a check as warranty deposit for lease of
certain equipment, even knowing that he has no funds or insufficient funds in the bank is not liable,
if the lessor of the equipment pulled out the loaned equipment. The drawer has no obligation to
make good the check because there is no more deposit to guaranty.
 Can a person be held liable for issuing a check with sufficient funds for violation of bp 22?
Yes. Paragraph 2 of Section 1 of BP 22 provides:
The same penalty shall be imposed upon any person who having sufficient funds in or credit
with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds
or to maintain a credit to cover the full amount of the check if presented within a period of 90 days
from the date appearing thereon, for which reason, it is dishonored by the drawee bank.
 DIFFERENCE BETWEEN ESTAFA AND VIOLATION OF BP 22
In the crime of estafa, deceit and damage are essential elements of the offense and have to
be established with satisfactory proof to warrant conviction. For violation of the Bouncing Checks
Law, on the other hand, the elements of deceit and damage are neither essential nor required.
Rather, the elements of B.P. Blg. 22 are (a) the making, drawing and issuance of any check to apply
to account or for value; (b) the maker, drawer or issuer knows at the time of issuance that he does
not have sufficient funds in or credit with the drawee bank for the payment of such check in full
upon its presentment; and, (c) the check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the same reason had not the
drawer, without valid reason, ordered the bank to stop payment. (Uy v Court of Appeals, GR
119000, July 28, 1997)
 Actual knowledge of insufficiency of funds essential in bp 22

Knowledge of insufficiency of funds or credit in the drawee bank for the payment of a check
upon its presentment is an essential element of the offense. There is a prima facie presumption of
the existence of this element from the fact of drawing, issuing or making a check, the payment of
which was subsequently refused for insufficiency of funds. It is important to stress, however, that
this is not a conclusive presumption that forecloses or precludes the presentation of evidence to the
contrary. (Lim Lao v CA; 6/20/97)
 When lack of knowledge and lack of power to fund the checks in cases of bp 22 a defense
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After a thorough review of the case at bar, the Court finds that Petitioner Lina Lim Lao did
not have actual knowledge of the insufficiency of funds in the corporate accounts at the time she
affixed her signature to the checks involved in this case, at the time the same were issued, and even
at the time the checks were subsequently dishonored by the drawee bank.
III. Jurisprudence
People vs Nitafan, 215 SCRA
In this case, the agreement of the parties in respect to the issuance of the check is
inconsequential or will not affect the violation of BP 22, if the check is presented to the bank and the
same was dishonored due to insufficiency of funds.
Gutierrez v Pallatao; Adm. Matter #RTJ-95-1326, July 8, 1998

The Supreme Court in this case ruled that, “Mere errors in the appreciation of evidence,
unless so gross and patent as to produce an inference of ignorance or bad faith, or of knowing
rendition of an unjust decision, are irrelevant and immaterial in an administrative proceeding
against him. No one, called upon to try facts or interpret the law in the process of administering
justice, can be infallible in his judgment. All that is expected of him is that he follow the rules
prescribed to ensure a fair and impartial hearing, assess the different factors that emerge therefrom
and bear on the issues presented, and on the basis of the conclusions he finds established, with only
his conscience and knowledge of the law to guide him, adjudicate the case accordingly.”
R.A. 8294
ILLEGAL POSSESSION OF FIREARMS
“SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of
Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of
Firearms or Ammunition. — The penalty of prision correccional in its maximum period and a fine of
not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall
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unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as
rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be used in the manufacture of any firearm or
ammunition: Provided, That no other crime was committed.
“The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is classified as high powered firearm which includes those
with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and
also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-
fire magnum and other firearms with firing capability of full automatic and by burst of two or three:
Provided, however, That no other crime was committed by the person arrested
SECTION 3. Section 5 of Presidential Decree No. 1866, as amended, is hereby further

amended to read as follows:
“SECTION 5. Tampering of Firearm’s Serial Number. — The penalty of prision
correccional shall be imposed upon any person who shall unlawfully tamper, change, deface or
erase the serial number of any firearm.”
SECTION 4. Section 6 of Presidential Decree No. 1866, as amended, is hereby further
amended to read as follows:
“SECTION 6. Repacking or Altering the Composition of Lawfully Manufactured
Explosives. — The penalty of prision correccional shall be imposed upon any person who shall
unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.”
*** *** ****
SECTION 5. Coverage of the Term Unlicensed Firearm. — The term unlicensed firearm
shall include:
1) firearms with expired license; or
2) unauthorized use of licensed firearm in the commission of the crime.
ACTS PUNISHABLE:
1. “upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any
low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower,
part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition”
2. “If homicide or murder is committed with the use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an aggravating circumstance.
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3. “If the violation of this Section is in furtherance of or incident to, or in connection with the crime
of rebellion or insurrection, sedition, or attempted coup d’etat, such violation shall be absorbed as
an element of the crime of rebellion, or insurrection, sedition, or attempted coup d’etat.”
4. “The same penalty shall be imposed upon the owner, president, manager, director or other
responsible officer of any public or private firm, company, corporation or entity, who shall willfully
or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be
used by any person or persons found guilty of violating the provisions of the preceding paragraphs
or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal
authority to be carried outside of their residence in the course of their employment.”
1. “The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed
firearm outside his residence without legal authority therefor”
2. “Any person who shall unlawfully tamper, change, deface or erase the serial number of any
firearm”.
3. “Any person who shall unlawfully repack, alter or modify the composition of any lawfully
manufactured explosives

 Rule on illegal possession of firearms before an accused maybe convicted
In crimes involving illegal possession of firearm, the prosecution has the burden of proving
the elements thereof, viz:
o the existence of the subject firearm; and

o the fact that the accsused who owned or possessed it does not have the license or permit to possess
the same. (People v. Castillo, 325 scra 613)
 The essence of the crime of illegal possession is the possession, whether actual or constructive, of
the subject firearm, without which there can be no conviction for illegal possession.
After possession is established by the prosecution, it would only be a matter of course to
determine whether the accused has a license to possess the firearm. (People v. Bansil, 304 scra 38
 PRESENT MEANING OF ILLEGAL POSSESSION OF FIREARM

o Unlicensed firearm no longer simply means a firearm without a license duly issued by lawful
authority. The scope of the term has been expanded in Sec.5 of R.A. 8294.
 ILLEGAL POSSESSION OF FIREARM ONLY
Special aggravating circumstance in crimes of homicide, etc.

Where murder or homicide was committed, the separate penalty for illegal possession shall
no longer be meted out since it becomes merely a special aggravating circumstance.
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2A SY 2009-2010 Page 26
This statutory amendment may have been an offshoot of our remarks in Pp. V. Tac-an and
Pp. V. Quijada
 OWNERSHIP IS NOT AN ESSENTIAL ELEMENT OF ILLEGAL POSSESSION

The rule is that ownership is not an essential element of illegal possession of firearms and
ammunition. What the law requires is merely possession which includes not only actual physical
possession but also constructive possession or the subjection of the thing to one’s control and
management
III. Jurisprudence
People v. Khor, 307 scra 295

Possession of any firearm becomes unlawful only if the necessary permit or license therefor
is not first obtained. The absence of license and legal authority constitutes an essential ingredient of
the offense of illegal possession of firearm and every ingredient or essential element of an offense
must be shown by the prosecution by proof beyond reasonable doubt. Stated otherwise, the
negative fact of lack or absence of license constitutes an essential ingredient of the offense which
the prosecution has the duty not only to allege but also to prove beyond reasonable doubt
Del Rosario v. People, 05/31/01

“To convict an accused for illegal possession of firearms and explosives under P.D. 1866, as
amended, two (2) essential elements must be indubitably established, viz: (a) the existence of the
subject firearm or explosive which may be proved by the presentation, of the subject firearm or
explosive or by the testimony of witnesses who saw accused in possession of the same, and (b) the
negative fact that the accused had no license or permit to own or possess the firearm or explosive
which fact may be established by the testimony or certification of a representative of the PNP
Firearms and Explosive Unit that the accused has no license or permit to possess the subject firearm
or explosive.”
R.A. 4200
ANTI-WIRE TAPPING LAW
Sec. 1. It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word by
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2A SY 2009-2010 Page 27
using a device commonly known as a dictaphone or dictagraph or dectaphone or walkie-talkie or
tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or
any other such record, or copies thereof, of any communication or spoken word secured either
before or after the effective date of this Act in the manner prohibited by this law; or to replay the
same for any other person or persons; or to communicate the contents thereof, either verbally or in
writing, or to furnish transcriptions thereof, whether complete or partial, to any other person:
Provided, That the use of such record or any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this
prohibition.
 LISTENING TO CONVERSATIONIN EXTENSION LINE OF TELEPHONE IS NOT WIRE-TAPPING

An extension telephone cannot be placed in the same category as a dictaphone, dictagraph
or the other devices enumerated in Section 1 of RA 4200 as the use thereof cannot be considered as
tapping the wire or cable of a telephone line. The telephone extension in this case was not installed
for that purpose. It just happened to be there for ordinary office use. It is a rule in statutory
construction that in order to determine the true intent of the legislature, the particular clauses and
phrases of the statute should not be taken as detached and isolated expressions, but the whole and
every part thereof must be considered in fixing the meaning of any of its parts. (66 SCRA 113,120)
 A PERSON CALLING ANOTHER BY PHONE MAY SAFELY PRESUME THAT THE OTHER MAY HAVE AN
EXTENSION LINE AND RUNS THE RISK OF BEING HEARD BY A 3RD PARTY.
An extension telephone is an instrument which is very common especially now when the
extended unit does not have to be connected by wire to the main telephone but can be moved from
place to place within a radius of a kilometer or more. A person should safely presume that the party
he is calling at the other end of the line probably has an extension telephone and he runs the risk of
a third party listening as in the case of a party line or a telephone unit which shares its line with
another.
 MERE ACT OF LISTENING TO A TELEPHONE CONVERSATION IN ANEXTENSION LINE IS NOT PUNISHED

BY ANTI-WIRE TAPPING LAW
It can be readily seen that our lawmakers intended to discourage through punishment,
persons such as government authorities or representatives of organized groups from installing
devices in order to gather evidence for use in court or to intimidate, blackmail or gain some
unwarranted advantage over the telephone users. Consequently, the mere act of listening, in order
to be punishable must strictly be with the use of the enumerated devices in RA 4200 or others of
similar nature. We are of the view that an extension telephone is not among such devices or
arrangements
III. Jurisprudence
Ramirez vs. Court of Appeals, [G.R. No. 93833 (Sept. 28, 1995)
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2A SY 2009-2010 Page 28
The Supreme Court held that the nature of the conversations is immaterial to a violation of
the statute. It held that:
“The substance of the same need not be specifically alleged in the information. What R.A.
4200 penalizes are the acts of secretly overhearing, intercepting or recording private
communications by means of the devices enumerated therein. The mere allegation that an
individual made a secret recording of a private communication by means of a tape recorder would
suffice to constitute an offense under Section 1 of R.A. 4200. As the Solicitor General pointed out in
his COMMENT before the respondent court: “Nowhere (in the said law) is it required that before
one can be regarded as a violator, the nature of the conversation, as well as its communication to a
third person should be professed.”
Gaanan vs. Intermediate Appellate Court, [145 SCRA 112 (1986)]

This is a case which dealt with the issue of telephone wiretapping, where the Supreme Court
held that the use of a telephone extension for the purpose of overhearing a private conversation
without authorization did not violate R.A. 4200 because a telephone extension devise was neither
among those “device(s) or arrangement(s)” enumerated therein, following the principle that “penal
statutes must be construed strictly in favor of the accused.”
R.A. 7877
SEXUAL HARASSMENT LAW
WORK, EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT DEFINED.
I. Purpose
The State shall value the dignity of every individual, enhance the development of its human
resources, guarantee full respect for human rights, and uphold the dignity of workers, employees,
applicants for employment, students or those undergoing training, instruction or education.
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Towards this end, all forms of sexual harassment in the employment, education or training
environment are hereby declared unlawful.
 Who commits sexual harassment?

Work, education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires any sexual
favor from the other, regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.
 WHERE SEXUAL HARASSMENT IS COMMITTED:

In work-related or employment environment:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual favorable
compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor
results in limiting, segregating or classifying the employee which in any way would discriminate,
deprive or diminish employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing
labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment
for the employee.
In an education or training environment:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to

the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships or the payment of a stipend, allowance or other benefits,
privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive

environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another without which it would not
have been committed, shall also be held liable under this Act.
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III. Jurisprudence
Jacutin vs. People of the Philippines ,(G.R. 140604, March 6, 2002)
In this case, In the instant recourse, it is contended that Petitioner cannot be convicted of the crime
of sexual harassment in view of the inapplicability of Republic Act No. 7877 to the case at bar.
The above contentions of petitioner are not meritorious. He is covered under Section 3 of Republic
Act 7877. Petitioner was the City Health Officer of Cagayan de Oro City, a position he held when complainant,
a newly graduated nurse, saw him to enlist his help in her desire to gain employment. He did try to show an
interest in her plight, her father being a boyhood friend, but finding no opening suitable for her in his office, he
asked her about accepting a job in a family planning research project.
REPUBLIC ACT NO. 9160

AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES
DEFINITION OF TERMS
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2A SY 2009-2010 Page 31
“Suspicious transactions” are transactions with covered institutions, regardless of the amounts
involved, where any of the following circumstances exists:
1. There is no underlying legal or trade obligation, purpose or economic justification;
2. The client is not properly identified;
3. The amount involved is not commensurate with the business of financial capacity of
the client;
4. Taking into account all known circumstances, it may be perceived that the client’s
transaction is structured in order to avoid being the subject of reporting requirements under the
Act;
5. Any circumstance relating to the transaction which is observed to deviate from the
profile of the client and/or the client’s past transactions with the covered institution;
6. The transaction is in any way related to an unlawful activity or offense under this Act
that is about to be, is being or has been committed; or
7. Any transaction that is similar or analogous to any of the foregoing.
“Money Laundering Offense” Money laundering is a crime whereby the proceeds of an unlawful
activity are transacted, thereby making them appear to have originated from legitimate sources. It is
committed by the following:
(a) Any person knowing that any monetary instrument or property represents, involves, or relates to
the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or
property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any
unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense
of money laundering referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be
disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.
ACTS THAT ARE PUNISHABLE
"Unlawful activity" refers to any act or omission or series or combination thereof involving
or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the
Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as amended,
otherwise known as the Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended; otherwise
known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised
Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential
Decree No. 532;
(8) Qualified theft under, Article 310 of the Revised Penal Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
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(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce
Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and
murder, as defined under the Revised Penal Code, as amended, including those perpetrated by
terrorists against non-combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise
known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the penal laws of
other countries.
 PENALTY
The penalty of imprisonment ranging from seven (7) to fourteen (14) years and a fine of not
less than Three million Philippine pesos (Php 3,000,000.00) but not more than twice the value of the
monetary instrument or property involved in the offense, shall be imposed upon a person convicted
under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One
million five hundred thousand Philippine pesos (Php 1,500,000.00) but not more than Three million
Philippine pesos (Php 3,000,000.00), shall be imposed upon a person convicted under Section 4(b) of
this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than
One hundred thousand Philippine pesos (Php 100,000.00) but not more than Five hundred thousand
Philippine pesos (Php 500,000.00), or both, shall be imposed on a person convicted under Section
4(c) of this Act.
 PROCEDURAL RULES
Jurisdiction of Money Laundering Cases – The regional trial courts shall have jurisdiction to
try all cases on money laundering. Those committed by public officers and private persons who are
in conspiracy with such public officers shall be under the jurisdiction of the Sandiganbayan.
Prosecution of Money Laundering –

(a) Any person may be charged with and convicted of both the offense of money laundering
and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over the
prosecution of any offense or violation under this Act without prejudice to the freezing and other
remedies provided.
 IMPLEMENTING RULES AND REGULATIONS

Within thirty (30) days from the effectivity of this Act, the Bangko Sentral ng Pilipinas, the
Insurance Commission and the Securities and Exchange Commission shall promulgate the rules and
regulations to implement effectivity the provisions of this Act. Said rules and regulations shall be
submitted to the Congressional Oversight Committee for approval.
Covered institutions shall formulate their respective money laundering prevention programs
in accordance with this Act including, but not limited to, information dissemination on money
laundering activities and its prevention, detection and reporting, and the training of responsible
officers and personnel of covered institutions.
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2A SY 2009-2010 Page 33
III. Jurisprudence
Republic vs. Glasgow Credit and Collections Service Inc. (G.R. No. 170281, January 18, 2008
The Supreme Court, citing RA 9160, held that RA 9160, its implementing rules and
regulations lay down two conditions when applying for civil forfeiture:
(1) when there is a suspicious transaction report or a covered transaction report
deemed suspicious after investigation by the AMLC and
(2) the court has, in a petition filed for the purpose, ordered the seizure of any
monetary instrument or property, in whole or in part, directly or indirectly, related to said report.
It is the preliminary seizure of the property in question which brings it within the reach of
the judicial process.[16] It is actually within the court’s possession when it is submitted to the
process of the court.[17] The injunctive writ issued on August 8, 2003 removed account no. CA-005-
10-000121-5 from the effective control of either Glasgow or CSBI or their representatives or agents
and subjected it to the process of the court. A criminal conviction for an unlawful activity is not a
prerequisite for the institution of a civil forfeiture proceeding. Stated otherwise, a finding of guilt for
an unlawful activity is not an essential element of civil forfeiture.
Republic vs. Eugenio, Jr. (G.R. No. 174629, February 14, 2008)
The court in this case held that Money laundering has been generally defined by the
International Criminal Police Organization (Interpol) `as "any act or attempted act to conceal or
disguise the identity of illegally obtained proceeds so that they appear to have originated from
legitimate sources."Even before the passage of the AMLA, the problem was addressed by the
Philippine government through the issuance of various circulars by the Bangko Sentral ng Pilipinas.
Yet ultimately, legislative proscription was necessary, especially with the inclusion of the Philippines
in the Financial Action Task Force’s list of non-cooperative countries and territories in the fight
against money laundering.65 The original AMLA, Republic Act (R.A.) No. 9160, was passed in 2001. It
was amended by R.A. No. 9194 in 2003.
Section 4 of the AMLA states that "[m]oney laundering is a crime whereby the proceeds of
an unlawful activity as [defined in the law] are transacted, thereby making them appear to have
originated from legitimate sources."he section further provides the three modes through which the
crime of money laundering is committed. Section 7 creates the AMLC and defines its powers, which
generally relate to the enforcement of the AMLA provisions and the initiation of legal actions
authorized in the AMLA such as civil forefeiture proceedings and complaints for the prosecution of
money laundering offenses.
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2A SY 2009-2010 Page 34
R.A. 8484
THE ACCESS DEVICE REGULATION ACT
I. Importants Provisions
Section 3. Definition of terms. – For purposes of this Act, the terms:

(a) Access Device – means any card, plate, code, account number, electronic serial number,
personal identification number, or other telecommunications service, equipment, or instrumental
identifier, or other means of account access that can be used to obtain money, good, services, or
any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by
paper instrument);
(b) Counterfeit Access Device – means any access device that is counterfeit, fictitious,
altered, or forged, or an identifiable component of an access device or counterfeit access device;
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2A SY 2009-2010 Page 35
(c) Unauthorized Access Device – means any access device that is stolen, lost, expired,
revoked, canceled, suspended, or obtained with intent to defraud;
(d) Access Device Fraudulently Applied for – means any access device that was applied for or
issued on account of the use of falsified document, false information, fictitious identities and
addresses, or any form of false pretense or misrepresentation;
*** *** ***
(g) Device Making or Altering Equipment – means any equipment, mechanism or
impression designed or primarily used for making or altering or reencoding an access device or a
counterfeit access device;
(h) Finance Charges – represent the amount to be paid by the debtor incident to the
extension of credit such as interest or discounts, collection fees, credit investigation fees, and other
service charges;
*** *** ***
Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby
declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently
applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently applied
for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or
altering equipment without being in the business or employment, which lawfully deals with the
manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or
otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or
access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document,
thereby making it appear that the device holder has entered into a transaction other than those
which said device holder had lawfully contracted for, or submitting, without being an affiliated
merchant, an order to collect from the issuer of the access device, such extra sales slip through an
affiliated merchant who connives therewith, or, under false pretenses of being an affiliated
merchant, present for collection such sales slips, and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the
account number or name or address of the device holder, without the latter's authority or
permission;
(j) obtaining money or anything of value through the use of an access device, with intent to
defraud or with intent to gain and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the
access device company, an access device, or any material, such as slips, carbon paper, or any other
medium, on which the access device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the
access device of the fact of approval, where in fact no such approval was given, or where, if given,
what is written is deliberately different from the approval actually given;
(m) making any alteration, without the access device holder's authority, of any amount or
other information written on the sales slip;
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2A SY 2009-2010 Page 36
(n) effecting transaction, with one or more access devices issued to another person or
persons, to receive payment or any other thing of value;
o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) 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.

Essentially, the law imposes duties both to the access device issuer and holder, and penalize
certain acts deemed unlawful for being detrimental to either the issuer or holder, or both.
The law mandates an access device issuer, or “card issuer,” to disclose either in writing or
orally in any application or solicitation to open a credit card account the following: 1) annual
percentage rate; 2) annual and other fees; 3) and balance calculation method; 4) cash advance fee;
and 5)) over the limit fee.
Moreover, the computation used in order to arrive at such charges and fees required, to the
extent practicable, to be explained in detail and a clear illustration of the manner by which it is
made to apply is also necessary.
 EXCEPTIONS FOR THE ABOVE REQUIREMENT OF DISCLOSURE NOT TO APPLY .

o when application or solicitation is made through telephone, provided that the issuer does not
impose any annual fee, and fee in connection with telephone solicitation unless the customer
signifies acceptance by using the card, and that a clear disclosure of the information enumerated in
the preceding paragraph is made in writing within thirty (30) after the consumer requests for the
card, but in no event later than the date of the delivery of the card, and that the consumer is not
obligated to accept the card or account and the consumer will not be obligated to pay any fees or
charges disclosed unless the consumer accepts the card or account by using the card.
 Failure on the part of the issuer to fulfill the above requirements will result in the suspension or
cancellation of its authority to issue credit cards, after due notice and hearing, by the Banko Sentral
ng Pilipinas, the Securities and Exchange Commission and such other government agencies.
 In sum therefore, the above omission is made punishable if the following elements occur. One,
there is an application or solicitation. Second, such application or solicitation should include the
information required by law. and third, failure on the part of the issuer to disclose such information.
 The penalties provided for by RA 8484 are imprisonment and fine. Imprisonment is from six (6) years
to ten (10) years and fine ranges from ten thousand pesos (10,000.00) or twice the value of the
offense, whichever is higher
 The penalties are increased in case the offender has a similar previous conviction, meaning if he was
previously found violating RA 8484. In which case, the accused shall suffer imprisonment of not less
than twelve (12) years and not more than twenty (20) years.
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III. Jurisprudence
Ermitano v. GR No. 127246, April 21, 1999
The Supreme Court had the occasion to rule on the validity of contracts involving credit
cards. The credit cards holder contended that the credit card company should be blamed for the
charges the same being unwarranted by the contract. As stipulated, once a lost card has been
reported, purchases made thereafter should not accrue on the part of the holder.
Clearly, in this case decided in 1999, the Court was concerned about an access device
issuer’s vulnerability to abuse the provisions of the contract. It is quite surprising, however, that the
Court did not make reference to RA No. 8484 to think that it was already in effect when the
resolution was promulgated.
American Express International Co., Inc. vs. IAC (GR NO. 70766, November 9, 1988)
Supreme Court turned down the argument of private respondent grounded on the adhesion
principle saying indeed, in a contract of adhesion the maker of the contract has all the advantages,
however, the one to whom it is offered has the absolute prerogative to accept or deny the same.
PRESIDENTIAL DECREE No. 330
PENALIZING TIMBER SMUGGLING OR ILLEGAL CUTTING OF LOGS FROM PUBLIC FORESTS

AND FOREST RESERVES AS QUALIFIED THEFT
Section 1. Any person, whether natural or juridical, who directly or indirectly cuts, gathers,
removes, or smuggles timber, or other forest products, either from any of the public forest, forest
reserves and other kinds of public forests, whether under license or lease, or from any privately
owned forest lands in violation of existing laws, rules and regulation shall be guilty of the crime of
qualified theft as defined and penalized under Articles 308, 309 and 310 of the Revised Penal Code;
Provided, That if the offender is a corporation, firm, partnership or association, the penalty shall be
imposed upon the guilty officer or officers, as the case may be, of the corporation, firm, partnership
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2A SY 2009-2010 Page 38
or association, and if such guilty officer or officers are aliens, in addition to the penalty herein
prescribed, he or they shall be deported without further proceedings on the part of the
Commissioned of Immigration and Deportation.
Section 2. All laws, rules and regulations inconsistent herewith are hereby repealed or
modified accordingly.
II. Purpose
1. Preservation and conservation of forests for future generations as a public duty; and
2. Logs and other wood products are essential to the national economy and patrimony.
 Elements
1. Any natural or juridical person
2. Who directly or indirectly cuts, gathers, removes or smuggles timber or other forest products
3. From public forests, forest reserves and other kinds of public forests, or private forests
4. In violation of existing laws, rules and regulation
 Penalty
The act of smuggling timber or of illegal logging is considered as the crime of qualified theft as
defined and penalized under Articles 308, 309 and 310 of the Revised Penal Code.
Value of Timber/Logs Penalty under Theft Penalty under PD 330 (2

deg higher)
More than P12,000 but does Prision Mayor (min – med)
not exceed P20,000
If more than P20,000 Prision Mayor (max) + 1
year for each additional
P10,000 but should not
exceed 20 years
More than P6,000 to P12,000 Prision Correccional (Med
– Max)
More than P200 to P6,000 Prision Correccional (Min –
Med)
More than P50 but does not Arresto Mayor (Med) –
exceed P200 Prision Correccional (Min)
More than P5 but does not Arresto Mayor
exceed P50
If it does not exceed P5 Arresto Menor (Min –
Med)
If Committed by a Juridical Person or an Alien
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The penalty shall be imposed upon the guilty officer or officers, as the case may be, of the
corporation, firm, partnership or association.
If such guilty officer or officers are aliens, in addition to the penalty herein prescribed, he or they
shall be deported without further proceedings on the part of the Commissioned of Immigration and
Deportation.
III. Jurisprudence
PD No. 2018, further amending Arts. 38-39 of the Labor Code
DECREE MAKING ILLEGAL RECRUITMENT A CRIME OF ECONOMIC SABOTAGE AND

PUNISHABLE WITH LIFE IMPRISONMENT
Art. 38. Illegal Recruitment. — (a) Any recruitment activities, including the prohibited
practices enumerated under Article 34 of this Code, to be undertaken by non-licensees or non-
holders of authority shall be deemed illegal and punishable under Article 39 of this Code. The
Ministry of Labor and Employment or any law enforcement officers may initiate complaints under
this Article.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be considered an
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offense involving economic sabotage and shall be penalized in accordance with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring and/or confederating with one another in carrying out any unlawful or illegal
transaction, enterprise or scheme defined under this first paragraph hereof. Illegal recruitment is
deemed committed in large scale if committed against three (3) or more persons individually or as a
group.
(c) The Minister of Labor and Employment or his duly authorized representatives shall have the
power to cause the arrest and detention of such non-license or non-holder of authority if after
investigation it is determined that his activities constitute a danger to national security and public
order or will lead to further exploitation of job-seekers. The Minister shall order the search of the
office or premises and seizure of documents paraphernalia, properties and other implements used
in illegal recruitment activities and the closure of companies, establishment and entities found to be
engaged in the recruitment of workers for overseas employment, without having been licensed or
authorized to do so.
"Art. 39. Penalties. — (a) The penalty of imprisonment and a fine of One Hundred Thousand Pesos
(P100,000) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein;
(b) Any licensee or holder of authority found violating or causing another to violate any provision
of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the
penalty of imprisonment of not less than two years nor more than five years or a fine of not less
than P10,000 nor more than P50,000 or both such imprisonment and fine, at the discretion of the
court;
(c) Any person who is neither a licensee nor a holder of authority under this Title found violating
any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer
the penalty of imprisonment of not less than four years nor more than eight years or a fine of not
less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of
the Court;
(d) If the offender is a corporation, partnership, association or entity, the penalty shall be imposed
upon the officer or officers of the corporation, partnership, association or entity responsible for
violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed be
deported without further proceedings;
(e) In every case, conviction shall cause and carry the automatic revocation of the license or
authority and all the permits and privileges granted to such person or entity under this Title, and the
forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or
the National Seamen Board, as the case may be, both of which are authorized to use the same
exclusively to promote their objectives.

Elements of the Crime of Illegal Recruitment:
1) The offender is a non-licensee or non-holder of authority to lawfully engage in the
recruitment and placement of workers; and
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2) The offender undertakes either any of the recruitment activities defined under Article
13(b), or any prohibited practices enumerated under Article 34 of the Labor Code
Illegal Recruitment as Economic Sabotage:

Illegal Recruitment when committed by a syndicate (if carried out by a group of three (3) or
more persons conspiring and/or confederating with one another in carrying out any unlawful or
illegal transaction, enterprise or scheme defined under the first paragraph of Article 38 of the Labor
Code) or in large scale (if committed against three(3) or more persons individually or as a group) is
considered an offense involving economic sabotage and penalized with life imprisonment.
Secretary of Labor and Employment cannot issue Search Warrants or Warrants of Arres
-under the 1987 Constitution, search warrants and warrants of arrest may be issued only by
a judge. The Secretary of Labor and Employment, not being a judge, can no longer issue warrants
pursuant to Article 38. (Salazar v. Hon. T. Achacoso et al., G.R. No. 815510, March 14, 1990)
III. Jurisprudence
People v. Bodozo et al., G.R. No. 96621, October 21, 1992:

Where accused-appellants, who were neither licensed nor authorized to recruit workers for
overseas employment, asked complainants to fill up application forms, submit NBI clearances,
passports and medical certificates and then collected from them payment and processing fee and
other Sunday expenses, it was hel that the former were guilty of illegal recruitment.
People v. Cabacang, G.R. No. 113917, July 17, 1995:

It is incorrect to maintain that to be liable for illegal recruitment, one must represent
himself/herself to the victim as a duly-licensed recruiter.
R.A. 7080
PLUNDER
I. Salient Provisions:
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in
connivance with members of his family, relatives by affinity or consanguinity, business associates,
subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a
combination or series of overt or criminal acts as described in Section 1(d) hereof, in the aggregate
amount or total value of at least Seventy-five million pesos (P75,000,000.00), shall be guilty of the
crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification
from holding any public office. Any person who participated with said public officer in the
commission of plunder shall likewise be punished.
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Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall
be within the original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done by the accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or
conspiracy.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20)
years. However,
the right of the State to recover properties unlawfully acquired by public officers from them or from
their nominees or transferees shall not be barred by prescription, laches, or estoppel.
II. Jurisprudence:
ESTRADA, vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES G.R. No. 148560
The thesis that Sec. 4 does away with proof of each and every component of the crime
suffers from a dismal misconception of the import of that provision. What the prosecution
needs to prove beyond reasonable doubt is only a number of acts sufficient to form a
combination or series which would constitute a pattern and involving an amount of at least
P50,000,000.00. There is no need to prove each and every other act alleged in the
Information to have been committed by the accused in furtherance of the overall unlawful
scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth. To illustrate,
supposing that the accused is charged, in an Information for plunder with having committed
fifty (50) raids on the public treasury. The prosecution need not prove all these fifty (50)
raids, it being sufficient to prove by pattern at least two (2) of the raids beyond reasonable
doubt provided only that they amounted to at least P50,000,000.00.
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A reading of Sec. 2 in conjunction with Sec. 4, brings us to the logical conclusion that
"pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy"
inheres in the very acts of accumulating, acquiring or amassing hidden wealth. Stated
othewise, such pattern arises where the prosecution is able to prove beyond reasonable
doubt the predicate acts as defined in Sec. 1, par. (d). Pattern is merely a by-product of the
proof of the predicate acts. , This conclusion is consistent with reason and common sense.
There would be no other explanation for a combination or series of overt acts or criminal
acts to stash P50,000,000.00 or more, than "a scheme or conspiracy to amass, accumulate
or acquire ill gotten wealth." The prosecution is therefore not required to make a deliberate
and conscious effort to prove pattern as it necessarily follows with the establishment of a
series or combination of the predicate acts.
DEPAKAKIBO GARCIA vs. SANDIGANBAYAN and REPUBLIC
The action of forfeiture arises when a "public officer or employee [acquires] during his
incumbency an amount of property which is manifestly out of proportion of his salary x x x and to
his other lawful income x x x."Such amount of property is then presumed prima facie to have been
unlawfully acquired. Thus "if the respondent [public official] is unable to show to the satisfaction of
the court that he has lawfully acquired the property in question, then the court shall declare such
property forfeited in favor of the State, and by virtue of such judgment the property aforesaid shall
become property of the State.
(Republic Acts No. 9165)

DANGEROUS DRUG ACT OF 2002

I. Definition of Terms
Chemical Diversion – the sale, distribution, supply or transport of legitimately imported, in-
transit, manufactured or procured controlled precursors and essential chemicals, in diluted,
mixtures or in concentrated form, to any person or entity engaged in the manufacture of any
dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of
such transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.

Controlled Delivery – The investigative technique of allowing an unlawful or suspect consignment of
any dangerous drug and/or controlled precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass
into, through or out of the country under the supervision of any unauthorized officer, with a view to
gathering evidence to identify any person involved in any dangerous drug related offense, or to
facilitate prosecution of that offense.
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Controlled Precursor and Essential Chemicals – Includes those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in
the attached annex, which is an integral part of this Act.

Drug Dependence – As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.

Drug Syndicate – Any organized group of two (2) or more persons forming or joining together with
the intention of committing any offense prescribed under this Act.

Illegal Trafficking – The illegal cultivation, culture, delivery, administration, dispensation,
manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of
any dangerous drug and/or controlled precursor and essential chemical.

Protector/Coddler – Any person who knowingly and willfully consents to the unlawful acts provided
for in this Act and uses his/her influence, power or position in shielding, harboring, screening or
facilitating the escape of any person he/she knows, or has reasonable ground to believe on or
suspects, has violated the provision of this Act in order to prevent the arrest, prosecution and
conviction of the violator.

Pusher – Any person who sells, trades, administers, dispenses, delivers, or gives away to another, on
any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who
acts as a broker in any of such transaction, in violation of this Act.

Planting of evidence – the willful act by any person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly, through any overt or covert act whatever quantity
of any dangerous drug and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating, or imputing the commission of any violation of this Act.

II. Salient features
 What are the significant amendments to R.A. 6425?

1. Under this Act there is no more distinction between prohibited drug and regulated drugs and/or
controlled precursors and essential chemicals enumerated in Tables I and II of the 1988 UN
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

2. The penalties provided by R.A. 7659 was changed , adopting partially the penalties in R.A. 6425.

3. In planting evidence any person now maybe held liable. Before, only law enforcement agents.

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4. The provisions of the Revised Penal Code have no suppletory effect except for minors who may
be sentenced to reclusion perpatua.

What are the new kinds of drugs that are included in R.A. 9165?

Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or its any other
name which refers to the drugs having such chemical composition, including any of its isomers or
derivatives in any form. Paramethoxyamphetamine (PMA), Trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma hydroxybutyrate (GHB) and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirement, as determined and promulgated by the Board in
accordance to Section 93, Art XI of this Act of R.A. 9165.

ACTS PUNISHABLE UNDER THE LAW
Importation of any dangerous drug, regardless of the quantity and purity involved, including any and
all species of opium poppy or any part thereof or substances derived thereform even for floral,
decorative and culinary purposes.
Importation of any controlled precursor and essential chemical.
Importation of any dangerous drug and/or controlled precursor and essential chemical through the
use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status
intended to facilitate the unlawful entry.
Organizing, managing, or acting as a “financier” of any of the illegal activities penalized under
Section 4 of the Law.
Acting as “protector/coddler” of anyone who violates Section 4 of the Law.
Sale, trading, administration, dispensation, distribution and transportation of dangerous drugs,

regardless of quantity and purity involved, or acting as a broker in any of such transactions.
Sale, trading, administration, dispensation, distribution and transportation of any controlled

precursor and essential chemical, or acting as a broker in such transaction.
Use by drug pushers of minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the trade of dangerous drugs and/or
controlled precursor and chemicals.
Acting as a protector/coddler of any violator of the provision of Sec. 5.
Maintenance of a Den, Dive or Resort where any dangerous drug is used or sold in any form.
Maintenance of a Den, Dive or Resort where any controlled precursors and essential chemical is
used or sold in any form.
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Acting as “protector/coddler” of a maintainer of a Den, Dive, or Resort
Employees and Visitors of a Den, Drive, or Resort
Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Acting as a protector or coddler of any violator of Sec. 8
Illegal Chemical Diversion of Controlled Precursor and Essential Chemicals.
Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernalia for

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Possession of Drug.
Possession of equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs
Possession of Dangerous Drugs During Parties, Social Gathering or Meetings.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
during Parties, Social Gathering or Meetings.
Use of Dangerous Drugs.
Unlawful Prescription of Dangerous Drugs
 CRIMINAL LIABILITY OF ALIENS, OFFICERS OF PARTNERSHIP, CORPORATION, ASSOCIATIONS, OR

OTHER JURIDIUCAL ENTITIES
In addition to the penalties prescribed in the unlawful act committed, any alien who violates such
provisions of the Law, after service n case the violation of the Law is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager, trustee,
estate administrator, or officer who consents to or knowingly tolerates such violation shall be held
criminally liable as co-principal.
The penalty provided for the offense under the Law shall be imposed upon the partner, president,
director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates, or
consents to the use of a vehicle, vessel, aircraft, equipment or other facility as an instrument in the
importation, sale, trading, administration, dispensation, delivery, distribution, transportation, or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, aircraft, equipment or other
instrument is owned by or under the control or supervision of the partnership, corporation,
association or juridical entity to which they are affiliated.
CRIMINAL LIABLITY OF PUBLIC OFFICERS OR EMPLOYEES
Any public officer or employee who (1) misappropriates, (2) misapplies or (3) fails to account for
confiscated, seized or surrendered drugs, plant sources of dangerous drugs, controlled precursors
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and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the
proceeds or properties obtained from the unlawful acts punished under the Law shall be penalized
with life imprisonment to death and a fine ranging fromP500,000.00 to P10,000,000.00 and with
perpetual disqualification from any public office (Sec.27).
Any government official or employee found guilty of the unlawful acts punished under the Law shall
be imposed the maximum penalties provided for the offense and shall be absolutely perpetually
disqualified from holding any public office. (Sec. 28).
CRIMINAL LIABILITY OF ELECTIVE LOCAL OR NATIONAL OFFICIALS WHO BENEFITS FROM DRUG
TRAFFICKING – whether or not he know that it came from drugs, but the one who gave must be
convicted first by final judgment.

Any elective local or national official found to have (1) benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in the Law, or has (2) received any financial or material
contributions or donations from natural or juridical persons found guilty of trafficking dangerous
drug as prescribed in the law, shall be removed from office and perpetually disqualified from holding
any elective or appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or controlled corporations (\sec.27)

CRIMINAL LIABILITY OF PRIVATE INDIVIDUAL
Any person found guilty of “planting” any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall be punished with death. (Sec. 29).
Any person violating any regulation issued by the Dangerous Drug Board shall be punished with
imprisonment ranging from 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to
P50,000.00 in addition to the administrative sanction which may be imposed by the Board (Sec.
32)
III. Jurisprudence
People vs. Darisan (G.R. No. 176151, January 30, 2009)
The Supreme Court in this case held that It is a settled rule that in cases involving violations
of the Comprehensive Dangerous Drugs Act, credence is given to prosecution witnesses who are
police officers for they are presumed to have performed their duties in a regular manner, unless
there is evidence to the contrary.8 In this case, no evidence was adduced showing any irregularity in
any material aspect of the conduct of the buy-bust operation. Neither was there any proof that the
prosecution witnesses who were members of the buy-bust operation team, particularly those whose
testimonies were in question, were impelled by any ill-feeling or improper motive against appellants
which would raise a doubt about their credibility.
People vs. Llamado y Cruz (G.R. No. 185278, March 13, 2009)
In cases involving violations of Dangerous Drugs Act, credence should be given to the narration of the
incident by the prosecution witnesses especially when they are police officers who are presumed to have
performed their duties in a regular manner, unless there be evidence to the contrary. Moreover, in the
absence of proof of motive to falsely impute such a serious crime against the appellant, the presumption of
regularity in the performance of official duty, as well as the findings of the trial court on the credibility of
witnesses, shall prevail over appellant’s self-serving and uncorroborated denial.
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Special Penal Laws, An Overview

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Act No.

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II. Purpose of the Law

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III. Salient Featues

 When ISL NOT Applicable

a. Offenses punished by death or life imprisonment.

 When ISL Applicable

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People v. Aquino (G.R. No. 125906, January 16, 1998)

People v. Gabres (G.R. No. 118950 February 6, 1997)

P.D. NO. 968

Section 2. Purpose. This Decree shall be interpreted so as to:

(c) prevent the commission of offenses.

(b) "Probationer" means a person placed on probation.

An order granting or denying probation shall not be appealable.

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(c) probation will depreciate the seriousness of the offense committed.

(b) convicted of any offense against the security of the State;

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

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(e) pursue a prescribed secular study or vocational training;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

Section 14. Period of Probation.

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II. Salient Features

 How will you apply for probation?

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 Period to file for Application

Tolentino vs. Alconcel (G.R. No. L-63400, March 18, 1983)

Yusi vs. Morales (G.R. No. L-61958 April 28, 1983)

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Section 2. Definition of Terms. The following terms shall mean as follows:

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III. Procedure for Procurement of Clearances or Permits

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III. Salient Features

 Penalty for Fencing

 Rules with establishments selling secondhand articles

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 Criminal intent not required

 Prima facie presumption

People vs. De Guzman (G.R. No. 77368, October 5, 1983)

People v. Muere (G.R.12902, October 18, 1994)

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Corrupt practices of public officers.

( f ) Neglecting or refusing, after due demand or request, without sufficient justification, to

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(k) Divulging valuable information of a confidential character, acquired by his office or by

II. Purpose of the Anti-Graft and Corrupt Practices Act

III. Salient Features

 UNEXPLAINED WEALTH, MEANING

 MEANING OF “CAUSING UNDUE INJURY”

 Elements of neglect of duty under sec. 3 of ra 3019

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 Causing undue injury under sec. 3, letter (e) of ra 3019. Meaning.

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Air France v. Carrascoso, 18 SCRA 155

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