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3. To sell or distribute, or cause to be sold or distributed, 17. REPUBLIC ACT NO.

9995
such photo or video or recording of sexual act, ANTI- PHOTO AND VIDEO VOYEURISM ACT OF
whether it be the original copy or reproduction 2009: AN ACT DEFINING AND PENALIZING THE
thereof; or CRIME OF PHOTO AND VIDEO VOYEURISM,
PRESCRIBING PENALTIES THEREFOR, AND FOR
4. To publish or broadcast, or cause to be published or OTHER PURPOSES
broadcast, whether in print or broadcast media, or Approved: February 15, 2010
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity DEFINITION OF TERMS (SECTION 3)
through VCD/DVD, internet, cellular phones and 1. Broadcast
other similar means or device. • It is to make public, by any means, a visual image with
the intent that it be viewed by a person or persons.
Note: The prohibition under Nos. 2, 3 & 4 shall apply
notwithstanding that consent to record or take photo or 2. Capture
video coverage of the same was given by such person/s. • With respect to an image, means to videotape,
Any person who violates this provision shall be liable for photograph, film, record by any means, or broadcast.
photo or video voyeurism as defined herein.
3. Female breast
18. REPUBLIC ACT 10158 DECRIMINALIZING OF • It is any portion of the female breast.
VAGRANCY: VAGRANTS AND PROSTITUTES
ART. 202, AS AMENDED BY RA 10158 4. Photo or video voyeurism
• It is the act of taking photo or video coverage of a
NOTE: RA 10158 decriminalized vagrancy. All pending person or group of persons performing sexual act or
cases on vagrancy shall be dismissed and all persons any similar activity or of capturing an image of the
serving sentence for vagrancy shall be immediately private area of a person or persons without the latter's
released upon effectivity of RA 10158 (Reyes, 2017). consent, under circumstances in which such person/s
has/have a reasonable expectation of privacy, or the
Prostitutes act of selling, copying, reproducing, broadcasting,
• sharing, showing or exhibiting the photo or video
They are women who, for money or profit, habitually coverage or recordings of such sexual act or similar
indulge in sexual intercourse or lascivious conduct. activity through VCD/DVD, internet, cellular phones
· Sexual intercourse is not a necessary and similar means or device without the written
element to constitute prostitution. The act of consent of the person/s involved, notwithstanding that
habitually indulging in lascivious conducts consent to record or take photo or video coverage of
because of money or gain would already same was given by such person/s.
amount to prostitution.
5. Private area of a person/s
Term prostitution is not applicable to a man • It is the naked or undergarment clad genitals, pubic
• area, buttocks or female breast of an individual.
The term is applicable only to a woman who, for money
or profit, habitually engages in sexual intercourse or 6. Under circumstances in which a person has a
lascivious conduct. A man who engages in the same reasonable expectation of privacy
conduct is not a prostitute but a vagrant. His acts may • Belief that he/she could disrobe in privacy, without
also be punished under city/municipal ordinances. being concerned that an image or a private area of the
person was being captured; or circumstances in which
No crime of prostitution by conspiracy a reasonable person would believe that a private area
• of the person would not be visible to the public,
One who conspires with a woman in the prostitution regardless of whether that person is in a public or
business like pimps, taxi drivers or solicitors of clients private place.
are guilty of the crime under Article 341 for white
slavery. ACTS PUNISHED (SECTION 4)
1. To take photo or video coverage of a person or group
ART. 202 NOT APPLICABLE TO MINORS of persons performing sexual act or any similar
• activity or to capture an image of the private area
Persons below eighteen (18) years of age shall be of a person/s such as the naked or undergarment
exempt from prosecution for the crime of prostitution clad genitals, pubic area, buttocks or female breast
under Art. 202 of the RPC, such prosecution being without the consent of the person/s involved and
inconsistent with the United Nations Convention on the under circumstances in which the person/s
Rights of the Child; Provided, That said persons shall has/have a reasonable expectation of privacy;
undergo appropriate counselling and treatment
program (Sec. 58, RA 9344). 2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
19.REPUBLIC ACT 9287: ILLEGAL GAMBLING (PD sexual act or any similar activity with or without
1602) consideration;

Persons liable for any illegal members game:


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limited to parental authority, guardianship, to dispose of a)
any property by any act or conveyance inter vivos, the Bettor
right to vote and be voted for. Such shall be suspended b)
during pendency of appeal from conviction. Anyone who acts as a personnel or staff of an illegal
numbers game operation
Classification of Drugs: c)
1. Dangerous drugs; Collector or agent
2. Controlled precursors and essential chemicals d)
Coordinator, controller, or supervisor
Punishable acts: e)
• Maintainer, manager, or operator
Importation of Dangerous Drugs and/or Controlled f)
Precursors and Essential Chemicals; Financier or capitalist
g)
• Protector or coddler
Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals;


Maintenance of a Den, Dive or Resort;

• 20. REPUBLIC ACT 9165/ REPUbLIC ACT 10640:


Manufacture of Dangerous Drugs and/or Controlled DANGEROUS DRUGS ACT
Precursors and Essential Chemicals;
Penalties:

Cultivation or Culture of Plants Classified as Dangerous 1.
Drugs or are Sources Therefore The penalties under the special penal laws were revived
in the latest amendment to the Dangerous Drugs Act;
Attempt or Conspiracy to Commit Any of The
Foregoing Acts: 2. Rules and principles applicable to purely non-RPC
penalties are revived and thus, the ones applicable;

Manufacture or Delivery of Equipment, Instrument, 3. The penalty is no longer based on the quantity
Apparatus, and Other Paraphernalia for Dangerous involved
Drugs and/or Controlled Precursors and Essential EXCEPT in the case of possession but even here, the
Chemicals; quantity involved is much lower than in the old law,
hence, harsher

Illegal Chemical Diversion of Controlled Precursors and 4. Use of dangerous drugs under Section 15 has
Essential Chemicals; now a graduated penalty:

• · First time users shall be punished with a


Employees and Visitors of a Den, Dive or Resort; penalty of a minimum of 6 months rehabilitation
in a government center
• · For the second offense, shall be imposed a
Possession of Dangerous Drugs; penalty of 6 years and 1 day to 12 years and a
fine of P50,000 to P200,000
• · However, if the offender tested positive and
Possession of Equipment, Instrument, Apparatus and was found in possession, the provision in
Other Paraphernalia for Dangerous Drugs; Section 11 on possession shall apply and not
Section 15 on use

Possession of Dangerous Drugs During Parties, Social 5. Regardless of any provision of the law, one cannot
Gatherings or Meetings; avail of plea bargaining;
• 6.Prohibition as to probation applicable to offenses of
Possession of Equipment, Instrument, Apparatus and drug
Other Paraphernalia for Dangerous Drugs During trafficking or pushing;
Parties, Social Gatherings or Meetings;
7. Accessory penalty of marital authority subsisting even
• if found guilty of any offense under the law; and
Use of Dangerous Drugs;
8. The accessory penalties imposed are disqualification
to exercise political and civil rights such as but not
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Immunity from Prosecution and Punishment •
Maintenance and Keeping of Original Records of
• Transactions on Dangerous Drugs and/or Controlled
Any person who has violated Sections 7, 11, 12, 14, 15, Precursors and Essential Chemicals;
and 19, Article II of R.A. 9165, who voluntarily gives
information about any violation of Sections 4, 5, 6, 8, •
10, 13, and 16, Article II thereof as well as any Unnecessary Prescription of Dangerous Drugs;
violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the •
whereabouts, identities and arrest of all or any of Unlawful Prescription of Dangerous Drugs;
the members thereof; and who willingly testifies
against such persons as described above, shall be •
exempted from prosecution or punishment for the “Planting”of any dangerous drug and/or controlled
offense with reference to which his/her information precursor and essential chemical, regardless of
of testimony were given, and may plead or prove quantity and purity.
the giving of such information and testimony in bar of
such prosecution: Provided, That the following Procedure on the seizure and custody of drugs:
conditions concur: Section 21, paragraph 1, Article II of R.A. No. 9165,
states:
(1) (1) The apprehending team having initial custody and
The information and testimony are necessary for the control of the drugs shall, immediately after seizure and
conviction of the persons described above; confiscation, physically inventory and photograph the
same in the presence of the accused or the person/s from
(2) Such information and testimony are not yet in the whom such items were confiscated and/or seized, or
possession of the State; his/her representative or counsel, a representative from
the media and the Department of Justice (DOJ), and any
(1)Such information and testimony can be elected public official who shall be required to sign the
corroborated on its material points; copies of the inventory and be given a copy thereof.

(2)The informant or witness has not been previously This is implemented by Section 21(a), Article II of the
convicted of a crime involving moral turpitude, Implementing Rules and Regulations of R.A. No. 9165,
except when there is no other direct evidence
which reads:
available for the State other than the information
and testimony of said informant or witness; and
(a)The apprehending office r/team having initial custody
(3)The informant or witness shall strictly and faithfully and control of the drugs shall, immediately after
comply without delay, any condition or undertaking, seizure and confiscation, physically inventory and
reduced into writing, lawfully imposed by the State photograph the same in the presence of the accused
as further consideration for the grant of immunity or the person/s from whom such items were
from prosecution and punishment. confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public
Provided, further, That this immunity may be enjoyed by such
official who shall be required to sign the copies of the
informant or witness who does not appear to be most guilty for
inventory and be given a copy thereof: Provided, that
the offense with reference to which his/her information or
the physical inventory and photograph shall be
testimony were given: Provided, finally, That there is no direct
conducted at the place where the search warrant is
evidence available for the State except for the information and
served; or at the nearest police station or at the
testimony of the said informant or witness.
nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless
Termination of the Grant of Immunity seizures; Provided, further , that non-compliance with
these requirements under justifiable grounds , as long
• The immunity granted to the informant or as the integrity and the evidentiary value of the seized
witness shall not attach should it turn out subsequently items are properly preserved by the apprehending
that the information and/or testimony is false, malicious officer/team, shall not render void and invalid such
or made only for the purpose of harassing, molesting seizures of and custody over said items.
or in any way prejudicing suspected members of drug
syndicate against whom such information or testimony Plea-Bargaining Provision:
is directed against. In such case, the informant or
Any person charged under any provision of R.A. 9165
witness shall be subject to prosecution and the
regardless of the imposable penalty shall not be allowed
enjoyment of all rights and benefits previously to avail of the provision on plea-bargaining.
accorded him shall be deemed terminated.
Qualifying Aggravating Circumstance:
• In case an informant or witness under this Act
fails or refuses to testify without just cause, and when

lawfully obliged to do so, or should he/she violate
A positive finding for the use of dangerous drugs shall be
any condition accompanying such immunity as
a qualifying aggravating circumstance in the
provided above, his/her immunity shall be removed
commission of a crime by an offender, and the
and he/she shall likewise be subject to contempt
application of the penalty provided for in the Revised
and/or criminal prosecution, as the case may be, and
Penal Code shall be applicable.

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by the accused during the suspended sentence period the enjoyment of all rights and benefits previously
shall be deducted from the sentence to be served. accorded him shall be deemed terminated.

R.A. 10640: Limited applicability of the Revised Penal Code.


NEW OFFENDERS UNDER THE NEW LAW

1. Financier Notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code
a. shall not apply to the provisions of R.A. 9165, except
Any person who pays for, raises or supplies money for, in the case of minor offenders wherein the penalty for
or underwrites any of the illegal activities prescribed acts punishable by life imprisonment thereunder shall
under the Act; be reclusion perpetua.

b. First-time minor offenders


Penalized with the maximum penalty for the provision
violated • An accused who is over 15 years of age at
the time of the commission of the POSSESSION OF
2. Protector/coddler DANGEROUS DRUG, but not more than 18 years of
age at the time when judgment should have been
a. Any person who knowingly and willfully consents to promulgated after having been found guilty of said
the unlawful acts provided for in this Act and uses offense, may be given the benefits of a suspended
his/her influence, power or position in shielding, sentence, subject to certain conditions.
harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to • Upon his compliance with the applicable rules
believe on or suspects, has violated the provisions of and regulations of the Dangerous Drugs Board (DDB),
this Act in order to prevent the arrest, prosecution including confinement in a center, the court, upon a
and conviction of the violator; favorable recommendation of the DDB for the final
discharge of the accused, shall discharge the accused
c. and dismiss all proceedings.
Penalized with life imprisonment of 12 years and 1 day
to 20 years and a fine ranging from P100,000 to • The privilege of suspended sentence shall be
P500,000 availed of only once by an accused drug dependent
who is a first-time minor offender at the time of the
NEW OFFENSES UNDER THE NEW LAW commission of the violation of Section 15 (Use of
Dangerous Drugs) but not more than 18 years of age
1. Illegal chemical diversion of controlled
at the time when judgment should have been
precursors and essential chemicals
promulgated.
a. The sale, distribution, supply or transport of
• If the accused first-time minor offender
legitimately imported, in-transit, manufactured or
violates any of the conditions of his/her suspended
procured controlled precursors and essential
sentence, the applicable rules and regulations of the
chemicals, in diluted, mixtures or in concentrated
DDB exercising supervision and rehabilitative
form, to any person or entity engaged in the
surveillance over him, including the rules and
manufacture of any dangerous drug, and shall
regulations of the Center should confinement be
include packaging, repackaging, labeling, relabeling
required, the court shall pronounce judgment of
or concealment of such transaction through fraud,
conviction and he/she shall serve sentence as any
destruction of documents, fraudulent use of permits,
other convicted person.
misdeclaration, use of front companies or mail fraud;
• Upon promulgation of the sentence, the court
d. may, in its discretion, place the accused under
The penalty of imprisonment ranging from twelve (12) probation, even if the sentence provided is higher than
years and one (1) day to twenty (20) years and a fine that provided under existing law on probation, or
ranging from One hundred thousand pesos impose community service in lieu of imprisonment. In
(P100,000.00) to Five hundred thousand pesos case of probation, the supervision and rehabilitative
(P500,000.00) surveillance shall be undertaken by the DDB through
the DOH in coordination with the Board of Pardons
2. Failure to maintain and keep the original records and Parole and the Probation Administration. Upon
of transactions on dangerous drugs and/or compliance with the conditions of the probation, the
controlled precursors and essential chemicals Board shall submit a written report to the court
recommending termination of probation and a final
3. Attempt or conspiracy to commit unlawful act discharge of the probationer, whereupon the court
which shall have the same penalty as the shall issue such an order.
consummated offense of:
• If the sentence promulgated by the court
a. Importation of any dangerous drug and/or controlled requires imprisonment, the period spent in the center
precursor and essential chemical;

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10. Delay and bungling in the prosecution of drug e.
cases: Any government officer or employee tasked Sale, trading, administration, dispensation, delivery,
with the prosecution of drug-related cases under distribution and transportation of any dangerous drug
this act, who, through patent laxity, inexcusable and/or controlled precursor and essential chemical;
neglect, unreasonable delay or deliberately causes f.
the unsuccessful prosecution and/or dismissal of Maintenance of a den, dive or resort where any
the said drug cases. dangerous drug is used in any form;

QUALIFYING OR AGGRAVATING CIRCUMSTANCES g.


Manufacture of any dangerous drug and/or controlled
1. When a crime was committed under the influence of precursor and essential chemical; and
drug, a positive finding thereof shall be a qualifying
circumstance in such crime and the rules under the h.
RPC shall apply; Cultivation or culture of plants which are sources of
dangerous drugs.
2.
Maximum period of penalty: 4. Criminal Liability of a Public Officer or Employee
for Misappropriation, Misapplication or Failure to
a. Any person found possessing any dangerous drug Account for the Confiscated, Seized and/or
during a party, or at a social gathering or meeting, or Surrendered Dangerous Drugs, Plant Sources of
in the proximate company of at least two (2) persons Dangerous Drugs, Controlled Precursors and
shall aggravate possession of dangerous drugs; Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment Including the
j. Proceeds or Properties Obtained from the Unlawful
Any person, who shall possess or have under his/her Act Committed.
control any equipment, instrument, apparatus and
other paraphernalia fit or intended for smoking, a. Any public officer or employee who misappropriates,
consuming, administering, injecting, ingesting, or misapplies or fails to account for confiscated, seized
introducing any dangerous drug into the body, during or surrendered dangerous drugs, plant sources of
parties, social gatherings or meetings, or in the dangerous drugs, controlled precursors and essential
proximate company of at least two (2) persons, shall chemicals, instruments/paraphernalia and/or
aggravate possession of equipment, instrument, etc. laboratory equipment including the proceeds or
properties obtained from the unlawful acts as
THE ACT OF TRANSPORTING DRUGS IS MALUM provided for in this Act.
PROHIBITUM
• Offense under special law, it is illegal because it is i.
prohibited by law. Any elective local or national official found to have
benefited from the proceeds of the trafficking of
DRUGS IS PER SE CONTRABAND dangerous drugs as prescribed in this Act, or have
• Unlike firearms, accused has the burden of proof to received any financial or material contributions or
show he is authorized to possess the drugs. donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in
DRUG DEPENDENCE this Act, shall be removed from office and perpetually
• As based on the World Health Organization definition, it disqualified from holding any elective or appointive
is a cluster of physiological, behavioral and cognitive positions in the government, its divisions,
phenomena of variable intensity, in which the use of subdivisions, and intermediaries, including
psychoactive drug takes on a high priority thereby government-owned or –controlled corporations.
involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in 5. "Planting" any dangerous drug and/or controlled
controlling substance-taking behavior in terms of its precursor and essential chemical, regardless of
onset, termination, or levels of use. quantity and purity;

USE 6. Violation of any regulation issued by the


• Any act of injecting, intravenously or intramuscularly, of Dangerous Drugs Board;
consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the 7. Issuance of fraudulent or false drug test results;
physiological system of the body, and of the dangerous
drugs. 8. Violation of confidentiality of records;

DELIVERY 9. Any member of law enforcement agencies or any


• Necessarily involves knowledge on the part of the other government official and employee who, after
person delivering that what he is delivering is dangerous due notice, fails or refuses intentionally or
drugs negligently, to appear as a witness for the
prosecution in any proceedings, involving violations
of this Act, without any valid reason;
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suspend all further proceedings and transmit • Act of delivering not only covers those made personally
copies of the record of the case to the but also covers those effected through other means as
Board. well

TREATMENT OF MINOR DRUG USERS ILLEGAL SALE OF MARIJUANA


1. Suspended sentence for the first offense; 1. The identity of the buyer and the seller, the object and
3. consideration
Probation or community service for a first-time offense in 2. The delivery of the thing sold and the payment
lieu of imprisonment; therefore
4.
Service of sentence as any other convicted person if the IN SALES, THE QUANTITY HE POSSESSES MUST
accused first-time offender shall violate any of the BE EQUAL TO THAT BEING SOLD BY HIM
conditions of his suspension of sentence or any of the • If equal, it will be illegal sale only: possession is
rules and regulations imposed by the Center if absorbed by illegal sale;
confinement therein was required • If greater in possession, liable as well for illegal
possession for the excess
SUSPENSION OF SENTENCE SHALL BE GIVEN TO
FIRST-TIME OFFENDERS WHO ARE OVER 15 BUT PRESUMPTIONS IN THE LAW
BELOW 18 YEARS OF AGE, SUBJECT TO THE •
FOLLOWING CONDITIONS Possession of equipment, instruments, apparatus or
1. He/she has not been previously convicted of violating other paraphernalia or dangerous drugs fit or intended
any provision of this Act, or of the Dangerous Drugs for smoking, consuming, administering, injecting,
Act of 1972, as amended; or of the Revised Penal ingesting, or introducing any dangerous drug in the
Code; or of any special penal laws; body shall be prima facie evidence that—
5.
He/she has not been previously committed to a Center 1. The possessor has smoked, consumed, etc. to
or to the care of a DOH-accredited physician; and himself a dangerous drug
6. 2. He has violated Section 15.
The Board favorably recommends that his/her sentence
be PROGRAMS FOR TREATMENT AND
suspended. REHABILITATION OF DRUG DEPENDENTS

2 AGGRAVATING CIRCUMSTANCES RE: MINORS A drug dependent who violates Section 15 may:
1. Use of minors in offense 1. Apply to the Board or its duly recognized
2. Minor is the victim representative, for treatment and rehabilitation of the
drug dependency. Upon such application, the Board
LIABILITY OF ALIENS AND JURIDICAL ENTITIES shall bring forth the matter to the Court which shall
• For officers, reclusion perpetua. order that the applicant be examined for drug
dependency. If the examination by a DOH-accredited
OFFENSES A PUBLIC OFFICER MAY BE HELD physician results in the issuance of a certification that
LIABLE FOR UNDER THE LAW the applicant is a drug dependent, he/she shall be
1. Malversation or failure to account ordered by the Court to undergo treatment and
2. Misappropriation rehabilitation in a Center designated by the Board for
a period of not less than six (6) months, and be:
NARCOPOLITICS
• Any elective local or national official found to have a. Exempted from criminal liability
benefited from the proceeds of the trafficking of b. Placed on probation and undergo community
dangerous drugs as prescribed in this Act, or have service
received any financial or material contributions or in lieu of
donations from natural or juridical persons found guilty of c. Charged for violation of Section 15
trafficking dangerous drugs as prescribed in this Act,
shall be removed from office and perpetually disqualified 2. Compulsory Submission Program
from holding any elective or appointive positions in the a. In the event the Board determines, after medical
government, its divisions, subdivisions, and examination, that public interest requires that such
intermediaries, including government-owned or – drug dependent be committed to a center for
controlled corporations. treatment and rehabilitation, it shall file a petition
for his/her commitment with the regional trial court
SOME AGGRAVATING CIRCUMSTANCES UNDER of the province or city where he/she is being
THE LAW, WHICH IS DIFFERENT FROM ARTICLE 14 investigated or tried;
1. 100 meter-radius from any school b. If a person charged with an offense where the
7. imposable penalty is imprisonment of less than six
Uses minors or mentally incapacitated persons in (6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the
delivery of dangerous drugs
proceedings, to be a drug dependent, the
8.
prosecutor or the court as the case may be, shall
Clandestine laboratory

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9.
Possession of drugs during social gatherings or at least
with two people, or at a meeting; and
10.
Possession of apparatus, instrument or implement.

MANDATORY DRUG TESTING FOR THE


FOLLOWING
1. Driver’s license
2. Permit to carry firearms
3. Firearm’s license
4. Candidates for public office
5. Employees of private and public offices
6. Those charged with crimes punishable for more than
6 years
(Judge P: fishing expedition)

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