MODULE 2 Reviewer PDF

INTRODUCTION TO THE REVISED PENAL CODE CRIMINAL LAW is that branch or division of law which defines, treats of their nature, and provides for their punishment. CRIME is an act committed or omitted in violation of a public law forbidding or commanding it. CHARACTERISTICS OF CRIMINAL LAW...

INTRODUCTION TO THE REVISED PENAL CODE CRIMINAL LAW is that branch or division of law which defines, treats of their nature, and provides for their punishment. CRIME is an act committed or omitted in violation of a public law forbidding or commanding it. CHARACTERISTICS OF CRIMINAL LAW a) GENERAL b) TERRITORIAL c) PROSPECTIVE FELONIES are acts or omissions punishable by the Revised Penal Code. a. Classification of felonies 1) According to manner or mode of execution (Art.3) a) Intentional felonies b) Culpable felonies 2) According to stage of execution (Art. 6) a) Consummated b) Frustrated c) Attempted 3) According to gravity (Art. 9) a) Grave felonies b) Less Grave felonies c) Light felonies Justifying circumstances Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of means employed to prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself. Unlawful aggression is a statutory and doctrinal requirement that for the justifying circumstance  of self-defense to be effective, an unlawful aggression on the part of the victim must be present Exempting Circumstances 1) An imbecile or an insane person 2) A person under nine years of age 3) A person over nine years of age and under fifteen, unless he has acted with discernment, 4) Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. 5) Any person who act under the compulsion of irresistible force. 6) Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. 7) Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. Test of cognition – complete deprivation of intelligence in committing the crime. Test of volition – total deprivation of freedom of will in committing the crime. Accident is something that happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences Irresistible Force- Offender uses violence or physical force to compel another person to commit a crime. Uncontrollable Fear- Offender employs intimidation or threat in compelling another to commit a crime. MITIGATING CIRCUMSTANCES - are those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. Provocation is understood as any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating any one. AGGRAVATING CCIRCUMSTANCES 4 kinds of aggravating circumstances a. Generic – those that can generally apply to all crimes. b. Specific – those that apply only to a particular crime. c. Qualifying – those that change the nature of the crime. d. Inherent – those that must of necessity accompany the commission of the crime. Band defined- Whenever more than 3 armed malefactors shall have acted together in the commission of the offense, it shall be deemed to have been committed by a band. Treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make Ignominy is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission Complex crimes, although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. A continuing (continued or continuous) crime is a single crime consisting of series of facts but all arising from one criminal resolution. Arbitrary detention. — Any public officer or employee who, without legal grounds, detains a person Expulsion. — The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence. Violation of domicile. — The penalty of prision correctional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so. Direct assaults. — Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose Indirect assaults. —any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death. Murder is the unlawful killing of any person which is not parricide or infanticide, provided that any of the ff. circumstances is present:  With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of the means or persons to insure or afford impunity.  In consideration of a price, reward, or a promise.  By means of inundation, fire, poison, explosion, shipwreck, stranding a vessel, derailment of or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any vehicles or with the use of any means involving great waste and ruin.  On occasion of any of the calamities enumerated in the preceding paragraph or an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity.  With evident premeditation.  With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. Homicide is the unlawful killing of any person, which is neither parricide, murder nor infanticide. Infanticide is the killing of any child (must be born alive and fully developed, that is, it can sustain an independent life) less than 3 days of age, whether the killer is the parent or grandparent, or any other relative of the child, or a stranger Mutilation is the lopping or the clipping off of some part of the body. Serious physical injuries. — Any person who shall wound, beat, or assault another, Ways of committing the crime of Serious Physical Injuries (1) By wounding; (2) By beating; (3) By assaulting; and Serious Physical Injuries - Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. Less serious physical injuries. - The offended party is incapacitated for 10 days or more but not more than 30, or needs attendance for the same period Slight physical injuries and maltreatment. - Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance during the same period. How is RAPE committed: (1) By a man who have carnal knowledge of a woman under any of the ff. circumstances:  Through force, threat or intimidation  When the offended party is deprived of reason or otherwise unconscious  By means of fraudulent machinations or grave abuse of authority  When the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present  Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death: a) If the kidnapping or detention shall have lasted more than five days. b) If it shall have been committed simulating public authority. c) If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made. d) If the person kidnapped or detained shall be a minor, female or a public officer. e) The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense. Ransom is money, price, or consideration paid or demanded for redemption of a captured person or persons, a payment that releases from captivity. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime Grave coercions. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong. Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt Unjust Vexation, defined- It includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything Theft is the taking of personal property with intent to gain but without violence or intimidation of neither persons nor force upon things shall take the personal property of another without the latter’s consent commits theft Fencing is the act of any person who, with intent to gain for himself of 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. Qualified theft. —if committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other calamity, vehicular accident or civil disturbance. Malicious mischief is the willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive. Adultery- committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances Qualified seduction. — The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit. Forcible abduction. — The abduction of any woman against her will and with lewd designs Abduction is the taking away of any woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. Consented abduction. — The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs Bigamy is a crime by which a person contracted a second marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by means of a judgment rendered in proper proceedings. Libel is a public and malicious imputation of a crime, or vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural person or juridical person, or to blacken the memory of one who is dead. CYBER CRIMES Cybercrime is criminal activity done using computers and the Internet. Reasons for Cyber Crime 1. Anonymity 2. Lack of user’s awareness 3. Capacity to store data in comparatively small space 4. Easy to access 5. Complex 6. Negligence  7. Loss of evidence Mode and Manner of Committing Cyber Crime 1. Hacking 2. Software piracy 3. Email bombing 4. Data diddling 5. Salami attacks 6. Denial of Service attack 7. Virus / worm attacks 8. Logic bombs 9. Trojan attacks 10. Internet time thefts 11. Web jacking 12. Pornography 13. IRC Crime 14. Cyber Stalking 15. Credit Card Fraud 16. Phishing 17. Pharming 18. Net Extortion 19. Cyber defamation 20. Threatening A. Cybercrime against individual 1. Email spoofing: A spoofed email is one in which e-mail header is forged so that mail appears to originate from one source but actually has been sent from another source 2. Spamming: Spamming means sending multiple copies of unsolicited mails or mass e-mails such as chain letters. 3. Cyber Defamation: This occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information. 4. Harassment & Cyber stalking: Cyber Stalking Means following the moves of an individual's activity over internet. It can be done with the help of many protocols available such at e- mail, chat rooms, user net groups. Cybercrime against property 1. Credit Card Fraud:  2. Intellectual Property crimes. These include:  Software piracy: illegal copying of programs, distribution of copies of software.  Copyright infringement  Trademarks violations  Theft of computer source code 3. Internet time theft: the usage of the Internet hours by an unauthorized person which is actually paid by another person. Cybercrime against society 1. Forgery: Currency notes, revenue stamps, mark sheets etc can be forged using computers and high quality scanners and printers. 2. Cyber Terrorism: Use of computer resources to intimidate or coerce others. Web Jacking: Hackers gain access and control over the website of another, even they change the content of website for fulfilling political objective or for money Laws relating to cybercrimes 1. RA 8792 E – Commerce Act of 2000 2. RA 8484 – Access Device Regulation Act 3. RA 9775 – Anti Child Porn of 2009 4. RA 9995 – Anti Photo and Video Voyeurism Who are the possible victims? 1. Gullible 2. Desperados and greedy people 3. Unskilled and un-experienced 4. Unlucky people CATEGORY OF CYBER CRIMINALS Political hacktivist Business rival Ex-boy friend Divorced husband/wife. Children and adolescents between the age group of 6 – 18 years Organised hackers Professional hackers / crackers Disgruntled employees REPUBLIC ACT NO. 8792 – AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND FOR OTHER PURPOSES. Computer” refers to any device or apparatus singly or interconnected which, by electronic, electro-mechanical, optical and/or magnetic impulse, or other means with the same function, can receive, record, transmit, store, process, correlate, analyze, project, retrieve and/or produce information, data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any one or more of these functions. REPUBLIC ACT NO. 8484 AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES, PROHIBITING FRAUDULENT ACTS COMMITTED RELATIVE THERETO, PROVIDING PENALTIES AND FOR OTHER PURPOSES. B. Cybercrime against organization 1. Unauthorized Access of Computer: Accessing the computer/network without permission from the owner. It can be of 2 forms:  Changing/deleting data: Unauthorized changing of data.  Computer voyeur: The criminal reads or copies confidential or proprietary information, but the data is neither deleted nor changed. 2. Denial Of Service: When Internet server is flooded with continuous bogus requests so as to denying legitimate users to use the server or to crash the server. 3. Virus attack:  A computer virus is a computer program that can infect other computer programs by modifying them in such a way as to include a (possibly evolved) copy of it.  Viruses can be file infecting or affecting boot sector of the computer.  Worms, unlike viruses do not need the host to attach themselves to. 4. Email Bombing: Sending large numbers of mails to the individual, company or mail servers thereby ultimately resulting into crashing. 5. Salami Attack: When negligible amounts are removed & accumulated in to something larger. These attacks are used for the commission of financial crimes. 6. Logic Bomb: It’s an event dependent programme , as soon as the designated event occurs, it crashes the computer, release a virus or any other harmful possibilities.  7. Trojan Horse: An unauthorized program which functions from inside what seems to be an authorized program, thereby concealing what it is actually doing. 8. Data diddling: This kind of an attack involves altering raw data just before it is processed by a computer and then changing it back after the processing is completed. C. Cybercrime against society 1. Forgery: Currency notes, revenue stamps, mark sheets etc can be forged using computers and high quality scanners and printers. 2. Cyber Terrorism: Use of computer resources to intimidate or coerce others. 3. Web Jacking: Hackers gain access and control over the website of another, even they change the content of website for fulfilling political objective or for money. SUPREME COURTS WRIT ISSUANCES AND OTHER LAWS What is Habeas Corpus? Is a summon with the force of a court order, addressed to the custodian demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then he must be released from custody. WRIT OF AMPARO What is the writ of Amparo? It is a remedy available to ANY PERSON: a. whose right to LIFE, LIBERTY and SECURITY b. is VIOLATED or THREATENED with violation c. by an unlawful act or omission d. of a public official or employee, or of a private individual or entity (Sec. 1, Rule on the Writ of Amparo) Where and when can petition to filed? a. A petition for the issuance of a writ of amparo, can be filed: 1. On ANY DAY and at ANY TIME; 2. With:  a) The REGIONAL TRIAL COURT (RTC) of the place where the threat, act or omission committed or any of its elements occurred; b) The SANDIGANBAYAN; c) The COURT OF APPEALS; d) The SUPREME COURT; e) or with ANY OF THE JUSTICES of the Sandiganbayan, Court of Appeal or Supreme Court;(Sec. 3, Amparo Rule) WRIT OF HABEAS DATA What is writ of Habeas Data? It is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party WRIT OF KALIKASAN Nature of the writ. The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. DOJ ISSUANCES ON THE RELATIONSHIP OF PROSECUTORS AND THE POLICE I. Witness Protection, Security And Benefit Program Implementing Rules and Regulations of the witness protection, security and benefit Act (IRR of R.A. No. 6981)- Pursuant to section 18 of R.A. No. 6981, the following rules and regulations are hereby promulgated the provision of said Act. 1. Witness – shall refer to any person who has witnessed or has knowledge or information on the commission of a grave felony or each equivalent under special laws and has testified or is testifying before any judicial, quasi-judicial or legislative body or investigating authority and admitted into the program. 2. State witness – shall refer to any person who has participated in the commission of a crime and desire to the witness for the state. 3. Memorandum of Agreement – shall refer to the documents executed by any person seeking protection under the act, setting for his responsibilities. II. Administrative Order No. 25-2007- Designation of special courts to hear, try and decide case involving killing of political activists and members of media. In the interest of justice of speedy and efficient administration of justice and subject to the guidelines herein set forth, the following branches of the regional trial courts are hereby designated to specially and preferably hear, try and decide cases involving killing of political activists and member of the media; III. ADMINITRATIVE ORDER No 181- Directing the cooperation and coordination between the national prosecution service and other concern agencies of government for the successful investigation and prosecution of political and media killings. IV. DOJ MEMORANDUM CIRCULAR NO. 04, entitled coordination and cooperation between prosecutors and local enforcement agencies in cases of political and media killing/violence. A. What is the Special Committee for the Protection of Children? It is a body charged with monitoring the implementation of Republic Act No. 7610, "The Special Protection For a Child Against Abuse, Exploitation, and Discrimination Act" B. Who is considered a child under R.A. No. 7610? A child one who is below 18 years of age or one who is over 18 years of age but who cannot take care of himself fully because of a physical or mental disability or condition. C. What is child abuse? It is any act which inflicts physical or psychological injury, cruelty to or the neglect, sexual abuse of, or which exploits, a child. D. What is cruelty? It is any word or action which debases, degrades or demands the dignity of a child as a human being. E. Is discipline administered by a parent or legal guardian on a child considered cruelty? No, if it is reasonably administered and moderate in degree and does not cause physical or Psychological injury. F. What physical injury is considered as child abuse? One that causes severe injury or serious bodily harm to child, such as lacerations, fractured bones, burns or internal injuries. What psychological injury is considered as child abuse? One that harms a child's psychological or intellectual functions. This may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behaviour or a combination of said behaviours. G. What is child neglect? It is failure of a parent or legal guardian to provide, for reasons other than poverty, adequate food, clothing, shelter, basic education or medical care so as to seriously endanger the physical, mental, social and emotional growth and development of the child. H. What is child sexual abuse? It is the employment, use, persuasion, inducement, enticement or coercion of child to engage in, or assist another person to engage in sexual intercourse or lasciviousness conduct or the molestation or prostitution of, or the commission of incestuous acts, on, a child. I. What is child exploitation? It is hiring, employment, persuasion, inducement, or coercion of child to perform in obscene exhibitions and incident shows, whether live, on video or film, or to pose or act as a model in obscene or pornographic materials, or to sell or distribute said materials. A. Memorandum Circular No.2006-022 1. The PNP Media Relations Policy Is consistent with the policy of rational transparency in all police activities, and of upholding the right of the people to be informed on matters of public interest. 2. It is the purposes of this policy to establish the specific guideline on how every member of the Philippine national police (PNP) should deal with members of the media, especially on releasing public information. 3. This policy also claims aims to re orient and further motivate every PNP personnel to be cognizant of the importance of good working relationship with the media as vital component of the organization over all police community relation program, but with utmost awareness of the limit of disclosure of information Child in conflict with law - A child who is alleged as, accused, or adjudged as, having committed an offense under Philippine law. 1. Diversion- an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic psychological or educational background without resorting to formal proceedings. 2. Diversion Program- the program that the CICL is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. 3. Intervention- a series of activities which are designed to address issues that caused the child to commit an offense. It may take the form of an individualized treatment program which may include counselling, skills training, education, and other activities that will enhance his/her psychological, emotional and psycho-social well being. RULES ON EVIDENCE EVIDENCE is the means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Classification of Evidence A) OBJECT B) DOCUMENTARY C) TESTIMONIAL C. Relevancy 1. Relevant Evidence having value in reason as tending to prove any matter provable in an action. 2. Material Evidence directed to prove a fact in issue. The issue is determined by the rules of substantive law and pleadings. 3. Competent One that is not excluded by law in particular case. D. Direct / Circumstantial 1. Direct That which proves the fact in dispute without the aid of any inference or presumption. 2. Circumstantial  The proof of facts other the fact in issue from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence. E. Cumulative / Corroborative 1. Cumulative Evidence of the same kind and to the same state of facts. 2. Corroborative Additional evidence of a different kind and character tending to prove the same point. F. Prima Facie / Conclusive 1. Prima facie or disputable presumption That which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition. 2. Conclusive Class of evidence which the law does not allow to be contradicted. G. Primary / Secondary 1. Primary or Best That which the law regards as affording greatest certainty or the fact in question. 2. Secondary or substitutionary That which is inferior to the primary evidence and is permitted by law only when the best evidence is not available. Admission: Act, declaration or omission of a party as to relevant fact may be given in evidence against him.  Types of admission: Judicial admission – An admission, verbal or written, made by a party in the course of the proceedings in the same case, (Sec 4, Rule 129). They are made in the judicial proceeding under consideration. Extra-judicial admission – they are admission made out of court, or in a judicial proceeding other than the one in consideration. REVIEW ON SELECTED SPECIAL LAWS  A. ANTI-ILLEGAL GAMBLING ACT (PD 1602 AS AMENDED BY RA 8297) a. Illegal Number Games – Any form illegal gambling activity which uses numbers or combinations as factors in giving out jackpots. b. Jueteng – An illegal numbers game that involves the combination of thirty-seven (37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37), serving as a form of local lottery where bets are placed and accepted per combination and its variants. c. Masiao – An illegal number games where the winning combination is derived from the results of the last game of Jai Alai based in the fictitious Jai Alai game consisting of ten (10) players pitted against one another. d. Last Two – An illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of winning Sweepstakes ticket. e. Bettor (Mananaya or Tayador) Any person who places bets for himself/herself or in behalf of another person, or any person, other than the personnel or staff of any illegal numbers game operation. f. Personnel or Staff of Illegal Number Games Operation- Any person who acts in the interest of the maintainer, manager, operator or any other personnel performing such similar functions ion a building structure, vessel, vehicles, or any other place where an illegal numbers game is operated or conducted. g. Collector or Agent (Cabo Cobrador) Any person who collects, solicits or produces bets in behalf of his/her principal for ant illegal numbers game who is usually in possession of gambling paraphernalia. h. Coordinator, Controller or Supervisor (Encargado) - Any person who exercises control and supervision over the collector or agent. i. Maintainer, Manager, or Operator - Any person who maintains, manages or operates anti- illegal number game in a specific area from whom the coordinator, controller or supervisor and collectors or agents get orders. j. Financiers or Capitalist - Any person who finances the operations of any illegal numbers game. k. Protector or Coddler - Any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game. Punishable Acts: a. The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor. b. The penalty of imprisonment from six (6) years and one (1) day to eight 98) years if such person acts as personnel or staff of an illegal numbers game operation. Same penalty shall likewise be imposed to any person who allows his vehicle, house, building or land to be used in the operation of the illegal numbers game. c. The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years if such person acts as collector or agent. d. The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person acts as a coordinator, controller or supervisor. e. The penalty of imprisonment from twelve (12) years and one (1) day to fourteen (14) years if such person acts as a maintainer, manager or operator. f. The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years if such person acts as a financier or capitalist. g. The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years if such person acts as a protector or coddler. B. B) ANTI-ILLEGAL DRUGS ACT (RA 6425 AS AMENDED BY RA 9165 AND RA 7659) C. Chemical Diversion - The sale, distribution, supply or transport of legitimately imported, 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. D. Clandestine Laboratory - Any facility used for the illegal manufacture of any dangerous drug and or controlled precursor and essential chemicals. E. 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. F. Cultivate or Culture - Any act of knowingly planting, growing, raising or permitting the planting, growing or raising of any plant which is the source of a dangerous drug. G. Deliver- Any act of knowingly passing a dangerous drug to another personally or otherwise and by any means with or with out consideration. H. Den, Dive or Resort - A place where any dangerous drug or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form. I. Dispense - Any act of giving away, selling or distributing medicine or any dangerous drug with or without use of prescription. J. Drug Dependence - It is the 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. K. No communication Drug Syndicate - Any organized group of two (2) or more persons forming or joining together with the intention of committing the distribution and selling of prohibited drugs. L. Employee of a Den, Dive or Resort - the caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used with or without compensation in connection with the operation. M. Financier - Any person who pays for raises or supplies money for or underwrites any of the illegal activities. N. Illegal Trafficking - The illegal cultivation, culture, delivery, administration, disposition, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. O. Instrument - Anything that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses. P. Laboratory Equipment - The paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical. Q. Manufacture - The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin. R. 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 whether 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. S. Protector/Coddler - Any person who knowingly consents to the unlawful acts provided 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 grounds to believe on or suspects has violated in order to prevent the arrest, prosecution, and conviction of the violator. T. Pusher - Any person who sells, trades, administers, dispense, delivers transit or transports dangerous drugs or who acts as a broker in any of such transactions. U. Sell - Any act of giving away any dangerous drug and or controlled precursor and essential chemical whether for money or any other consideration. V. Trading - Transactions involving the illegal trafficking of dangerous drugs and or controlled precursors and essential chemicals. q. Use - Any act of injecting, intravenously or consuming either by chewing, smoking, sniffing, eating, swallowing or drinking. REVISED FORESTRY CODE (PD 705) a. Cutting, Gathering and/or Collecting Timber, or Other Forest Products without License b. Destruction of Forest Lands and Grazing Lands c. Pasturing of Livestock d. Illegal Occupation of National Parks System and Recreation Areas and Vandalism. e. Destruction of Wildlife Resources f. Arrest; Institution of Criminal Actions PHILIPPINE FISHERIES CODE OF 1998 (RA 8550) a) Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities: b) Poaching in Philippine Waters. c) Fishing through Explosives, Noxious or Poisonous Substance, and/or Electricity d) Use of Fine Mesh Net e) Ban on Coral Exploitation and Exportation. f) Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. g) Illegal Use of Super lights h) Conversion of Mangroves i) Fishing in Overfished Area and During Closed Season j) Capture of Sabalo and Other Breeders/Spawners k) Exportation of Breeders, Spawners, Eggs or Fry l) Importation or Exportation of Fish or Fishery Species m) Violation of Catch Ceilings n) Aquatic Pollution ANTI - CARNAPPING LAW (RA 6539) 1. Carnapping - Is the taking, with intent to gain of a motor vehicle belonging to another without the latter’s consent, or by violence against or intimidation of persons, or by using force upon things. 2. Defacing or tampering with serial number is the erasing, scrapping, altering or changing of the original factory inscribed serial number on the motor vehicle engine, engine block or chassis of ant motor vehicle. 3. Repainting – Is the changing the color of a motor vehicle by means of painting. 4. Body-Building – Is a job undertaken on a motor vehicle in order to replace its entire body with a new body.  5. Remodeling – Is the introduction of some changes in the shape or form of the body of the motor vehicle. 6. Dismantling – Is the tearing a part, piece by piece or part by part of a motor vehicle. 7. Overhauling – Is the cleaning or repainting of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle. 8. Registration of motor vehicle, engine block and chassis - Every owner or possessor of unregistered motor vehicle or parts in his name. All motor vehicle engine, engine block and chassis not registered with the Land Transportation Office shall be considered an untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the government. 9. Defacing or tampering with serial numbers of motor vehicle engines, engine block and chassis - It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis. 10. Penal Provisions – Any person who violates any provisions shall be punished with imprisonment for not less than two (2) years not more than six (6) years and a fine equal in the amount to the acquisition cost of the motor vehicle, motor vehicle engine or any other part involved inn the violation. 11. Any government official or employee who directly commits the unlawful acts is guilty of gross negligence of duty or connives with or permits the commission of any unlawful acts shall, be dismissed from the service with prejudice to his reinstatement. 12. Penalty for Carnapping – Any person who is found guilty of carnapping irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen (14) years and eight (8) months and not more than seventeen (17) and four (4) months. When the carnapping is committed without violence or intimidation of persons, or force upon things, an imprisonment for not less than for not less than seventeen (17) years and four (4) months. And not more than thirty (30) years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things, and the penalty of reclusion perpetua to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping. INTELLECTUAL PROPERTY RIGHTS CODE (RA 4712) Before a complaint for enforcement may be instituted under this procedure, the complainant should conduct market surveys and be able to identify the names and locations of IPR violators. VIOLATION AGAINST WOMEN AND CHILDREN (RA 9262) a. Physical Violence - Refers to acts that include bodily or physical harm.  b. Sexual Violence - An act which is sexual in nature, committed against a woman or a child. c. Psychological Violence - Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as intimidation, harassment, stalking and public ridicule or humiliation. d. Economic Abuse - Acts that make or attempt to make a woman financially dependent which includes withdrawal of financial support. e. Battered Woman Syndrome - Scientifically defined pattern of psychological and behavioral symptoms found in woman living in battering relationships as a result of cumulative abuse. f. Acts of Violence Against Women and their Children - Causing physical harm to the women or her child. Threatening and attempting to cause the woman or her child physical harm. Placing the woman or her child in fear of imminent physical harm. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION (RA 7610) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; Child Trafficking Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW (PD 532) Philippine Waters – It shall refer to all bodies of water, such as seas, gulfs, bays around between and connecting each of the islands of the Philippines Archipelago, irrespective of its depth, breadth, length or dimension and all other waters belonging to the Philippines by historic or legal title which the Philippine has sovereignty or jurisdiction. Vessel – Used to transport of passengers and cargo from one place to another through Philippine waters. It shall include all kinds and types of vessels or boats used in fishing. Highway Robbery – The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed by any person on any Philippine Highway.  Piracy – The penalty of reclusion temporal in its maximum periods shall be imposed. If physical injuries or other crimes are committed as a result or on the occasion the penalty reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon of boarding a vessel, the mandatory penalty of death shall be imposed. Highway Robbery – The penalty of reclusion temporal in its minimum period shall be imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion, the penalty of death shall be imposed. CUSTOM AND TARIFF LAW (RA 1937) All articles, when imported from any foreign country into the Philippines, shall be subject to duty upon each importation, even though previously exported from the Philippines, except as otherwise specifically provided for in this Code or in other laws. A. ANTI-MONEY LAUNDERING ACT (RA 9160) Declaration of Policy – It is the policy of the State to protect and preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site for the proceeds of any unlawful activity. Shall extend cooperation in transnational investigations and prosecutions of persons involved in money laundering activities wherever committed. Money Laundering Offense – Money laundering is a crime whereby the proceeds of an unlawful activity as transacted, making them appear to have originated from legitimate sources. Jurisdiction of Money Laundering Cases – the regional trial court 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. Creation of Anti-Money Laundering Council (AMLC) - Is crated and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission. ANTI- FENCING ACT (PD 1612) 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, sell, or in any other manner deal in any article, item, objector 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. Fence – Includes any person, firm, association, corporation or partnership or other organization who/ which commits the act of fencing. Presumption of Fencing – mere possession of any goods, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. ANTI-TRAFFICKING IN PERSON ACT (RA 9208) TRAFFICKING IN PERSONS – The recruitment, transportation, transfer, or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse, of power of position, taking advantage of the vulnerability of the person or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. CHILD – A person below eighteen (18) years of age or more who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. PROSTITUTION – An act of transaction, scheme, or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other considerations. FORCED LABOR AND SLAVERY – The extraction of work or service from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. SEX TOURISM – A program organized by travel and tourism related establishment and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. SEXUAL EXPLOITATION – Participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability. DEBT BONDAGE – The pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt. PORNOGRAPHY – Any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes. ANTI-RAPE LAW OF 1997 (RA 8353) Rape: When and How Committed: (1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: (a) Through force, threat, or intimidation; (b) When the offended party is deprived of reason or otherwise unconscious; (c) By means of fraudulent machination or grave abuse of authority; and (d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. W. JUVENILE JUSTICE ACT (RA 9344) Definition of Terms (a) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child. (b) "Child" refers to a person under the age of eighteen (18) years. (c) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: (1) being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; (2) being exploited including sexually or economically; (3) being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; (4) coming from a dysfunctional or broken family or without a parent or guardian; (5) being out of school; (6) being a street child; (7) being a member of a gang; (8) living in a community with a high level of criminality or drug abuse; and (9) living in situations of armed conflict. (d) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. (e) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. (f) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. ANTI-CHILD PORNOGRAPHY ACT (RA 9775) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. A child shall also refer to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein. (b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities. (c) "Explicit Sexual Activity" includes actual or simulated - (1) As to form: (2) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex; (3) bestiality; (4) masturbation; (5) sadistic or masochistic abuse; (6) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or (7) use of any object or instrument for lascivious acts (d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address. (e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related services. (f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the Philippines. (g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an internet carriage service to the public. (h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means. (i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography.(2) Bestiality; (j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material. (k) "Person" refers to any natural or juridical entity. SYNDICATED CHILD PORNOGRAPHY - The crime of child pornography is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be punished under Section 15(a) of this Act. ANTI-PHOTO AND VIDEO VOYEURISM ACT (RA 9995) (a) "Broadcast" means to make public, by any means, a visual image with the intent that it be viewed by a person or persons. (b) "Capture" with respect to an image, means to videotape, photograph, film, record by any means, or broadcast. (c) "Female breast" means any portion of the female breast. (d) "Photo or video voyeurism" means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person's. (e) "Private area of a person" means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual. (f) "Under circumstances in which a person has a reasonable expectation of privacy" means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place. HUMAN SECURITY ACT (RA 9372) Human Security Act - To protect life, liberty, and property from acts of terrorism to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the law of nation. Terrorism - Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Article 122 (Piracy in General and Munity in the High Seas or in Philippine waters) b. Article 134 ( Rebellion and Insurrection) c. Article 134-a (Coup d’Etat) including acts committed by private persons; d. Article 248 (Murder) e. Article 267 (Kidnapping and Serious Detention) f. Article 324 (Crimes involving Destruction or Arson) Conspiracy to Commit Terrorism - There is conspiracy when two (2) or more persons come to an agreement concerning the commission of the crime of terrorism and decide to commit the same. Accomplice - Any person who, not being a principal or a conspirator, or cooperates to commit terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four (4) months one day to twenty (20) years of imprisonment. Accessory - Any person who, Having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice takes part subsequent to its commission in any of the following: a) by profiting himself or assisting the offender to profit by the effects of the crime. b) by concealing or destroying the body of the crime in order to prevent its discovery. c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.