Arellano University School of Law

Center for Legal Education and Research

2020/21/22 BAR OPERATIONS COMMISSION

LAST MINUTE TIPS
CRIMINAL LAW

CRIMINAL LAW

A. Basic Principles

1. The territoriality principle states that transgressions against the state’s penal laws committed
within its territory shall be prosecuted solely by the said state. What are exceptions to this
principle?
a. When the offender should commit an offense while on a Philippine ship or airship;
b. When the offender should forge or counterfeit any coin or currency note of the Philippines or
obligations and securities issued by the Government of the Philippines;
c. When the offender should be liable for acts connected with the introduction into the Philippines
of the obligations and securities mentioned in the preceding number;
d. When the offender, while being a public officer or employee, should commit an offense in the
exercise of his functions;
e. When the offender committed of any of the crimes against National security and the laws of
nations, defined in Title One Book Two of the RPC. (Art. 2, RPC)

2. When are penal laws given retroactive effect?

a. When it is favorable to the accused who is not a habitual delinquent;
b. When it decriminalizes the act even if accused is a habitual delinquent;
c. When it expressly provides retroactivity even if the accused is a habitual delinquent subject to
the prohibition on Ex Post Facto Law. (Campanilla, Criminal Law Reviewer, 2020 )

3. Distinguish Error in Personae, Aberratio Ictus and PraeterIntentionem.

ERROR IN PERSONAE ABERRATIO ICTUS PRAETER INTENTIONEM

Mistake of Identity Mistake in the Blow Greater Injury Results

There is involved only one offended The offender intends to inflict It is when the injury is on the
party but the offender committed a injury on one person but the intended victim but the resulting
mistake in ascertaining the identity harm fell on another, which may wrong is graver than that
of the victim. be in addition to the injury on intended.
the originally intended victim.

There are two persons who are There are three persons There are two persons who are
present, the offender and the actual present: the offender, the present, the offender and the
victim. intended victim and the actual actual victim.
victim.

4. What is Proximate Cause?

The cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause,
produces injury, and without which the result would not have occurred.(People vs. Villacorta, G.R. No.
186412, September 7, 2011)

5. What is Death Accelerating Rule?

Where death results as a direct consequence of the use of illegal violence, the mere fact that the
diseased or weakened condition of the injured person contributed to his death, does not relieve the
aggressor of criminal responsibility. (Garcia vs. People, G.R. No. 171951, August 28, 2009)

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6. What is Instilling Fear Rule?

If a man creates in another person’s mind an immediate sense of danger, which causes such person
to try to escape, and in doing so, the latter injures himself, the man who creates such state of mind is
responsible for the resulting injuries. (People vs. Castromero, G.R.118992, October 9, 1987)

7. What are the requisites of Impossible Crime?

a. The act performed would be an offense against persons or property

b. The act done was done with evil intent
c. Its accomplishment is inherently impossible (legal impossibility or physical impossibility) or that
the means employed is either inadequate or ineffectual; and
d. The acts performed should not constitute a violation of another provision of the RPC. (Intod vs. CA,
1992)

8. What are formal crimes?

Formal crimes are consummated in one instant or by performance of single act of execution. They
have no attempted or frustrated stage. I.e physical injuries, acts of lasciviousness, coup d’etat,
slander, perjury, false testimony, illegal possession of picklock. (Campanilla, Criminal LawReviewer, 2020)

9. What are the felonies with no frustrated stage?

a. Theft -The unlawful taking immediately consummates the offense and the disposition of the thing
is not an element thereof. (Valenzuela vs. People G.R. No. 160188,June 21, 2007);
b. Rape -The gravamen of the offense is carnal knowledge, no matter how slight the penetration,
the felony is consummated (People vs. Orita, ,G.R. 88724, April 3,1990);
c. Physical Injury - It cannot be determined whether the injury will be slight less serious, or serious
unless and until consummated;
d. Indirect Bribery - It is committed by accepting gifts offered to the public officer by reason of his
office. If he does not accept, he does not commit the crime. If he accepts, it is consummated;
e. Direct Bribery;
f. Corruption of Pubic Officers - It requires the concurrence of the will of both parties, such as
that when the offer is accepted, the offense is consummated. But when the offer is rejected the
offense is merely attempted;
g. Adultery - The essence of the crime is sexual congress.

B. Justifying, Exempting, Mitigating Aggravating and Alternative Circumstances

10. Distinguish Justifying Circumstances from Mitigating Circumstances.

JUSTIFYING CIRCUMSTANCES EXEMPTING CIRCUMSTANCES

No criminal liability. No criminal liability.

Pertains to the act complained of. The act is justified. Pertains to the actor. The act is not justified but the
actor is exempt from criminal liability.

Because the act is justified, it is non-felonious. The The act is unjustified. Although the actor is exempt
non-criminal character of the act would make the from criminal liability, the exemption does NOT
actor exempt not only from criminal liability but also extend to civil liability arising from a crime.
from civil liability. A non-felonious act could not be a
source of civil obligation arising from a crime. Exception: No liability is incurred in:

Exception: Civil liability is incurred in avoidance of a. Accident (Art. 12[4]), and

greater evil or injury (Art. 11[4]). b. Lawful and insuperable cause (Art. 12[7]).
(Criminal Law Reviewer Vol. I, Campanilla, 2018)

11. What is the rule on retaliation and self-defense?

In retaliation, unlawful aggression that was begun has already ceased when the accused attacked
him, while ins elf-defense, the unlawful aggression still existed when the aggress or as injured by the
accused. (Campanilla, Criminal Law Reviewer, 2020)

Upon cessation of the unlawful aggression and the danger or risk to life and limb, the necessity for
the person invoking self-defense to attack his adversary ceases (People vs. Cajurao, G.R.122767,January 20,
2004)

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12. What is Discernment?

It is the mental capacity to understand the difference between right and wrong. It is manifested
through the manner of committing the crime and through the conduct of the offender.(Guevara vs.
Almodavar, G.R. 75256, January 26, 1989)

13. May the mitigating circumstance of voluntary confession of guilt be appreciated by way of a
private letter-correspondence from the accused?

No. A voluntary confession of guilt is mitigating only if made prior to the presentation of evidence for
the prosecution. The letter is not considered as a confession of guilt since it was a denial of the rape
charge. Moreover, Jan pleaded not guilty to the charge. Thus, the confession of guilt cannot be
appreciated. (People vs. Ospig, G.R. No. 141766, November 18, 2003)

14. What are the circumstances absorbed in treachery?

a. Craft;
b. Abuse of superior strength;
c. Employing means to weaken the defense;
d. Band (cuadrilla);
e. Aid of armed men;
f. Night time (Nocturnity) (Reyes, The Revised Penal Code: Book One, 2017)

15. Provide for the elements of (a) treachery and (b) evident premeditaion to be properly
appreciated as aggravating circumstance.
TREACHERY EVIDENT PREMEDITATION
1. 1.A previous decision by the accused to commit
1. At the time of the attack, the victim was not in a the crime;
position to defend himself; and 2. Overt act/acts manifestly indicating that the
2. The accused consciously and deliberately adopted accused clung to his determination; and
the particular means, methods, or forms of attack 3. A lapse of time between the decision to commit
employed by him. (People vs. Racal, G.R. No. the crime and its actual execution sufficient to
224886, September 4, 2017) allow accused to reflect upon the consequences
of his acts. (People vs. Isla, G.R. No. 199875,
November 21, 2012)

16. What are Absolutory Causes?

Where the acts committed are crimes but for reasons of public policy and sentiment there is no
penalty imposed. (Reyes, The Revised Penal Code: Book One, 2012)

Examples of Absolutory Causes:

a. Spontaneous desistance during attempted stage (Art. 6, RPC) and no other crime is committed;
b. Light felony is only attempted or frustrated and is not against person or property (Art. 7, RPC);
c. Accessory is not liable in light felonies (Art. 16, RPC);
d. Accessory is relative of the principal, (Art. 20, RPC) unless the crime became a means to gain [Art.
19(1), RPC],
e. Slight or less serious physical injuries inflicted by a person who surprised his spouse or daughter
in the act of sexual intercourse with another person (Art. 247, RPC);
f. Legal grounds for trespass (Art.280, RPC);
g. Mischief is committed against a relative (Art. 332, RPC);
h. Marriage of the offender with offended party when the crime committed is rape (Art. 266-C, RPC),
abduction, seduction, or acts of lasciviousness (Art. 344, RPC); and
i. Instigation.
17. Distinguish Entrapment from Instigation

ENTRAPMENT INSTIGATION

Ways and means are resorted to for the capture of Instigation induces would be accused to commit
the lawbreaker in the execution of his criminal plan the crime, hence, he becomes a co-principal

The means originate from the mind of the criminal The law enforcer conceives the commission of the
crime and suggests to the accused who adopts
the idea and carries it into execution

Not bar to the prosecution and conviction of the It will result in the acquittal of the accused
lawbreaker

(Reyes, The Revised Penal Code: Book One, 2017)

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18. What is the Single Larceny Rule?

It is the taking of several things, whether belonging to the same or different owners, at the same time
and place constitutes but one larceny or theft. The taking of several cows owned by different owners
at the same time and at the same place presupposes that there is a single theft committed, and the
criminal intention and act cannot be susceptible of division. (People vs.Jaranilla, G.R. NO. L-28547, February
22, 1974).

19. Is there a complex crime of Abduction with Rape?

Yes. If forcible abduction is a necessary means to commit rape. (People vs. Amaro, G.R. No.199100, July 18,
2014).

However, if the main objective of the accused is to rape the victim, the crime committed is rape.
Forcible abduction is absorbed, since it is an indispensable means to commit .(People vs Domingo,G.R.
No. 225743,June 7, 2017)

20. What are the rules in crimes of Arson and Murder?

Original Design / Main Objective Crime

Burning of the building or edifice, but death results by Arson. Homicide is absorbed.
reason or on the occasion of arson

Killing of a particular person who may be in a building or Murder

edifice, when fire is resorted to as the means to
accomplish such objective

Killing of a particular person, and in fact the offender has Separate and distinct crimes of Homicide/ Murder and
already done so, but fire is resorted to as a means to Arson
cover up the killing
(People vs. Abayon, 2016)

C. Application of the Indeterminate Sentence Law

21. What are the crimes to which ISLAW is not applicable?

a. Treason, conspiracy or proposal to commit treason, misprision of treason, rebellion or sedition,
espionage or piracy;
b. Habitual Delinquents;
c. Those who have escaped from confinement or evaded sentence;
d. Those who violated the terms of conditional pardon;
e. Penalty of imprisonment, the maximum term of which does not exceed one year;
f. Death Penalty or life imprisonment (Section 2 of Act No. 4103); or Reclusion Perpetual (R.A.No. 9346)
g. Use of trafficked victim. (Section 11 of R.A. No. 9208, as amended by R.A. No. 10364)

22. What are the rules in computing the maximum and minimum periods under ISLAW?

UNDER RPC UNDER SPECIAL LAW

Maximum Anywhere within the range imposed by the RPC, Should not exceed what
considering all attending/modifying circumstances is prescribed under the
(mitigating and aggravating). special law.

Minimum Within range of penalty, 1 degree lower than that Should not be less than
prescribed by RPC, without considering any ordinary the minimum prescribed
aggravating or mitigating circumstances. In the case of by law. (Sec.1, Act 4103)
a complex crime, DO NOT consider the fact that the
higher penalty shall be imposed in its maximum period.
Consider all others (i.e., special aggravating, privileged
mitigating, etc.).

23. What is the three-fold rule?

Under the three-fold rule, in serving multiple sentences, the period of imprisonment that a convict
must serve must not exceed three-fold the length of time corresponding to the most severe of the
penalties imposed upon him. (Campanilla, Criminal Law Reviewer, 2018)

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 D. Service of sentence

24. May a person charged of a heinous crime benefit from the Good Conduct Allowance (GCTA)?

No. Article 29 on GCTA for detention prisoner has a qualifying proviso, which is quoted as
follows:“Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act.” Additionally, the Revised Implementing
Rules of RA 10592 state that a PDL charged of heinous crimes is not entitled to any credit for
preventive imprisonment. (Miguel vs. Director of Bureau Prisons, UDK-15368,September 15, 2021)

25. X was convicted of homicide, a non-probationable crime, by the trial court. However, the
higher court found X liable for reckless imprudence resulting in homicide, which is a
probationable crime, because of lack of dolo. May X apply for probation?

Yes. Under this provision, when a judgment of conviction imposing a non-probationable penalty is
appealed or reviewed, and such judgment is modified through the imposition of a probationable
penalty, the defendant shall be allowed to apply for probation based on the modified decision before
such decision becomes final. (Sec. 4, R.A. 10707)

E. Effect of death of the accused

26. What is the effect of the death of a party in a criminal case?

Death of the offender or accused extinguishes his criminal liability. However, death of the offended
party will not extinguish the criminal liability of the offender. (People v. XXX, G.R.No. 205888, August 22, 2018)

27. What is the effect of the death of the accused?

When the death of the offender occurs after final judgment, only his criminal liability is extinguished.
However, his civil liability is not affected by his death. Hence, despite the death of a convict after
finality of conviction for theft, his heirs are obligated to return to the offended party the stolen
properties. When the death of the offender occurs before final judgment, his liability as to the
personal penalties and pecuniary penalties is extinguished under Article 89 of the Revised Penal
Code. ( People v. Bayotas, G.R. No. 102007, September 2, 1994).

28. What are the effects of death of an accused pending appeal?

Upon death of an accused pending appeal, his criminal liability and the corresponding civil liability
arising from crime are extinguished, but civil liability arising from other source of obligation such as
quasi-delict, contract, quasi-contract or law survives. (Ibid.)

F. Crimes against persons

29. What constitutes the crime of statutory rape?

Statutory rape is committed by sexual intercourse with a woman below 12 years of age regardless of
her consent, or the lack of it, to the sexual act. Proof of force, intimidation or consent is unnecessary
as they are not elements of statutory rape, considering that the absence of free consent is
conclusively presumed when the victim is below the age of 12.At that age, the law presumes that the
victim does not possess discernment and is incapable of giving intelligent consent to the sexual act.
(People vs. Cadano, G.R. No. 207819, March 12, 2014)

30. May discharge of firearms be complexed with physical injuries?

If the accused fired his firearm to inflict injuries upon the victim, and as a result, the latter suffered
injuries, the former is liable for complex crime of discharge of firearm with serious or less serious
physical injuries. (People vs. Arquiza, G.R. No. 42128-29, December 19, 1935).

If the victim merely suffered slight physical injuries, the accused should be held liable for discharge of
firearm. Since slight physical injury is a light felony, it cannot be made a component of a compound
crime. (Campanilla, Criminal Law Reviewer Vol. II, 2020 p.400)

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 G. Crimes against property

31. X snatched the necklace of V without violence or intimidation. What crime is committed?
Theft. For the requisite of violence to obtain in cases of simple robbery, the victim must have
sustained less serious physical injuries or slight physical injuries in the occasion of the robbery.(Del
Rosario vs. People, G.R. No. 235739)

32. What are the elements of special complex crime of Robbery with Homicide?

a. the taking of personal property belonging to another;

b. with intent to gain;
c. with the use of violence or intimidation against a person; and
d. on the occasion or by reason of the robbery, the crime of homicide, as used in its generic sense,
was committed.

33. What are the cases where Homicide is said to have been committed by reason or on the
occasion of robbery?

a. To facilitate the robbery or the escape of the culprit;

b. To preserve the possession by the culprit of the loot;
c. To prevent discovery of the commission of the robbery; or
d. To eliminate witnesses to the commission of the crime.
(People vs. Balute, G.R. No. 212932 January 20, 2015)

34. V was shot while the accused, X was robbing the passengers of jeepney. V’s bag was not
taken by X. Is X liable for special complex crime of Robbery with Homicide?

Yes, as long as homicide occurs by reason of the robbery or on the occasion thereof, the special
complex crime of Robbery with homicide is committed. (People vs. Madrejelos,G.R. No. 225328, March 21,
2018)

35. Distinguish Estafa under par. 2(d), Art. 315 of the RPC from violation of B.P. 22.

ESTAFA (ARTICLE 315, 2[D])

BOUNCING CHECKS LAW (BP 22)
Endorser is not liable. Endorser may be liable if he acted with deceit knowing
that the check is worthless.
Check is issuedfor the purpose of applying on account Check is issued to obtain valuable consideration from
or for value. the payee.
Covers even payment of pre-existing obligation. In payment of an obligation contracted at the time of
the issuance and delivery of the check.
Deceit and damage is not an essential element. Deceit and damage is an essential element.
Knowledge of insufficiency or lack of funds is required. Knowledge of insufficiency or lack of funds is NOT
required.
The drawer is given 5 banking days after receiving The drawer is given 3 calendar days after receiving
notice of dishonor within which to pay . notice of dishonor within which to pay.
Crime against public interest. Crime against property.
Malum prohibitum. Malum in se.

36. Distinguish Physical Possession from Legal Possession in relation to Estafa and Theft.

If the accused received the property with the consent of the owner but he merely acquired physical
possession in doing so, misappropriation shall be considered as taking without consent hence, the
crime committed is theft (U.S. v. De Vera, G.R. No. L-16961, September 19, 1921) or qualified theft (People v.
Tanchanco, G.R. No. 177761 April 18, 2012).

If the accused received the property with the consent of the owner and he acquired legal possession
in doing so by virtue of trust, commission, administration or obligation involving the duty to make
delivery or return such as lease, deposit, commodatum, or quasi-contract,misappropriation shall be
considered as estafa through conversion or misappropriation. (D’Aiglevs. People, G.R. No. 174181, June 27,
2012).

37. Discuss the act punishable under the Article 319 of the RPC in relation to R.A. 11057
otherwise known as the "Personal Property Security Act".

Under Article 319 of the Revised Penal Code, any person who shall knowingly remove any personal
property mortgaged under the Chattel Mortgage Law to any province or city other than the one in
which it was located at the time of the execution of the mortgage, without the written consent of the
mortgagee shall be liable for removal, sale or pledge of mortgaged property

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 However, under Section 47 (b) of R.A. 11057, the secured creditor may be allowed to remove the
fixture from the real property to which it is affixed without judicial process if the collateral is a fixture
and he has priority over all owners and mortgagee.

H. Crimes against liberty

38. Distinguish Arbitrary Detention, Illegal Detention, and Unlawful Arrest.

SERIOUS ILLEGAL UNLAWFUL

SLIGHT ILLEGAL DETENTION ARBITRARY DETENTION
DETENTION ARREST
(Art. 268) (Art. 124)
(Art. 267) (Art. 269)
Offender

Any private person Any private person Any private person or Any public officer
any public officer not vested with authority to
vested with authority to detain or order the
detain or order the detention of another
detention of another

Necessity of specific purpose

Intent to deprive Intent to deprive liberty Intent to deliver the Intent to disregard the
liberty victim to the proper constitutional right
authorities against unreasonable
seizure

Is period of detention an element?

More than 3 days, Not more than 3 days No Yes, penalty is

unless any of the dependent on the
circumstances of length of detention
simulation of
authority, serious
physical injuries,
threat to kill, minority
or the offended party
is a female or public
officer, are present

39. Accused committed robbery inside a factory. Before they could leave the premises after the
commission of the robbery, the police authorities were already at the scene of the crime.
Since they cannot escape, they detained 21 victims. After 22 hours of captivity, the hostages
were rescued. What crime/s committed?

Robbery. Since the principal intention of the accused is to rob the victims, and the deprivation of their
liberty is just incidental to the prevention of the responding police officers from arresting them, the
crime committed is robbery, which absorbed incidental kidnapping and serious illegal detention.
(People v. Astor, G.R. Nos. L-71765-66, April 29, 1987)

40. A, B and C are police officers who detained X, a suspected drug trafficker and demanded
ransom payment. Are A, B, and C liable for Arbitrary Detention?

No. Detaining any private person for the purpose of extorting any amount of money could not, in any
way, be construed as within their official functions of police officers. Their badges or shields do not
give them immunity for any criminal act. (People vs. Popionco, G.R. No.200512,June 07, 2017)

Hence, they are liable for kidnapping for ransom and not arbitrary detention. Even the subsequent
prosecution of the kidnapped victim for sale of dangerous drugs does not negate the criminal liability
of the accused for the crime the latter committed against the former. (People vs. Borja, G.R. No. 199710,
August 02, 2017)

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 I. Crimes against Public Interest

41. Distinguish Perjury from Falsification.

Making untruthful statement is the actus reus of perjury and falsification. The difference lies in the
nature of the document. Making untruthful statement in a sworn document constitutes perjury.
Making untruthful statement in an unsworn document constitutes falsification of document.(Sevilla v.
People, G.R. No. 194390, August 13, 2014)

42. What constitutes the complex crime of Estafa through Falsification

When the offender commits on a public, official or commercial document any of the acts of
falsification enumerated in Article 171 as a necessary means to commit another crime like estafa,
theft or malversation, the two crimes form a complex crime proper. (Tanenggee vs. People, G.R.No. 179448
June 26, 2013)

43. If the offender who used a falsified document is the same person who falsified it. May the
offender be liable for both crimes?

No. If the one who used the falsified document is the same person who falsified it, the crime is only
falsification and the use of the same is not a separate crime. Falsification of a public document and
use of false document by the same person who falsified it constitute but a single crime of falsification.
(Jayme vs. People, G.R. No. 248827, August 27, 2020)

SPECIAL PENAL LAWS

J. R.A. 9262 (Anti-Violence Against Women and Their Children Act of 2004)

44. May physical abuse be considered psychological violence under R.A. 9262?

Yes. Although under R.A. 9262, physical violence and psychological violence are two distinct and
separate punishable acts, If the infliction of bodily injuries resulted in the victim’s mental anguish and
emotional suffering the proper crime is psychological violence and not physical abuse. (Dinamling v.
People, G.R. No. 199522, June 22, 2015)

45. May a defendant interpose the defense that his marriage with the complainant is void to
absolve his criminal liability under RA 9262 when he stopped giving financial support to the
complainant and any common children?

No. R.A. No. 9262 defines and criminalizes violence against women and their children perpetrated
by the following:
1. woman’s husband,
2. former husband or
3. any person against whom the woman has or had a sexual or dating relationship with, or
4. any person with whom the woman has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or likely to result in, inter alia,
economic abuse or psychological harm or suffering.

Thus, the offender need not be related or connected to the victim by marriage or former marriage, as
he could be someone who has or had a sexual or dating relationship only or has a common child
with the victim. (Reyes vs. People, G.R. No. 232678, July 3, 2019)

K. R.A. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination)

46. A saw V and his companions hurting his minor daughters. Angered, A struck V who is a
minor, at the back with his hand and slapped his face. Is A liable for child abuse under R.A.
7610?

No. A committed the act at the spur of the moment and without intent to degrade the dignity of the
victim. Without such intent, the crime is not child abuse under R.A. No. 7610but merely slight
physical injuries. (Bongcalon vs. People, G.R. No. 169533, March 20, 2013)

47. X, a 15-year old boy inserted his finger into vagina of V, a 11-year old girl. Is X liable for Child
Abuse under R.A. No. 7610?

No. R.A. No. 7610 is not applicable since the accused is also a minor. RA 7610 was enacted in order
to protect children from abuse, exploitation, and discrimination by adults and not by persons who are

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 also children themselves. Section 5 of RA 7610 expressly states that a child is deemed to be
sexually abused when coerced or influenced by an adult, syndicate, or group. (BBB vs. People,G.R. No.
249307, August 27, 2020)

48. If the acts of the offender constitute acts of under RPC and sexual abuse under R.A. No. 7610.
May the offender be prosecuted under RPC or R.A. No. 7610?

If committed against a child who is 12 years of age or above, the accused shall be prosecuted under
RA No. 7610, since this law prescribes a higher penalty. The crime will be designated as lascivious
conduct.

If committed against a child, who is under 12 years of age, the accused shall be prosecuted for acts
of lasciviousness under RPC but the penalty of reclusion temporal in its medium period under RA
No. 7610 shall be imposed. The crime will be designated as acts of lasciviousness under RPC in
relation to R.A. 7610.

L. R.A. No. 11313 (Safe Spaces Act)

49. Distinguish sexual harassment under Safe Spaces Law and Sexual Harassment Law

The gravamen of the offenses punished under the Safe Spaces Act is the act of sexually harassing a
person on the basis of his/her sexual orientation, gender identity and/or expression, while that of the
offense punished under the Anti-Sexual Harassment Act of 1995 is abuse of one's authority,
influence or moral ascendancy so as to enable the sexual harassment of a subordinate.(Escandor vs.
People, G.R. No. 211962, July 6, 2020)

50. What are ‘Public Spaces’?

Public Spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants,
transportation terminals, public markets, spaces used as evacuation centers, government offices,
public utility vehicles as well as private vehicles covered by app-based transport network services
and other recreational spaces such as, but not limited to, cinema halls, theaters and spas. [Sec. 3(g)]

51. What is ‘Catcalling’

Catcalling refers to unwanted remarks directed towards a person, commonly done in the form of
wolf-whistling (distinctive two-tone whistle denoting sexual desire) and misogynistic, transphobic,
homophobic, and sexist slurs [Sec. 3(a)]

M. R.A. No. 10173 (Data Privacy Act of 2012)

52. What is the scope of Data Privacy Act of 2012?

This Act applies to the processing of all types of personal information and to any natural and juridical
person involved in personal information processing including those personal information controllers
and processors who, although not found or established in the Philippines, use equipment that are
located in the Philippines, or those who maintain an office, branch or agency in the Philippines. (Sec.
4)

53. What are the crimes punishable under Data Privacy Act of 2012?

a. Unauthorized processing of personal information and sensitive personal information;

b. Accessing personal information and sensitive personal information due to negligence;
c. Improper disposal of personal information and sensitive personal information;
d. Processing of personal information and sensitive personal information for unauthorized
purposes;
e. Unauthorized access or intentional breach;
f. Concealment of security breaches involving sensitive personal information;
g. Malicious disclosure; and
h. Unauthorized disclosure.

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