Penal laws which punishes acts which are not

defined and penalized by the Revised Penal

Code
It is enacted by the Legislative Branch, penal
in character, which is not an amendment of
the Revised Penal Code
 These are crimes that are wrong by their
nature
Hence, good faith or lack of criminal intent is
a defense
Degree of participation determines the
penalty
Stage of accomplishment affects the penalty
to be imposed
Generally, crimes mala inse are punishable
under the Revised Penal Code.
 These are acts which are considered wrong
because there is a law prohibiting its
commission.
Good faith or lack of criminal intent is not a
defense
Modifying circumstances are not considered
Degree of participation of the offenders do
not affect their liability, unless the law
expressly provides
No attempted or frustrated stage
 Generally crimes mala prohibita involve
violations of Special Penal Laws
 It implies something immoral in itself
regardless of the fact that it is punishable by
law or not
 Provisions of the Revised Penal Code shall
have suppletory application to Special Penal
Laws. Example: Penal laws which refer to the
provisions of the Revised Penal Code for
penalties.
Except: when the special penal law provides
otherwise
Life Imprisonment - Violation of Special
Penal Laws
- No fixed duration
- without accessory penalties
Reclusion Perpetua
- Violation of the Revised penal Code
- 20 years and 1 day to 40 years
- With accessory penalties
 Under the Revised Penal Code
1. Death and Reclusion Perpetua- in 20 years
2. Other afflictive penalties in 15 years
3. Correctional Penalties in 10 years
Except the penalty of arresto mayor which
prescribed in 5 years

Under Special Penal Laws

1. 6 years or more in 12 years
2. 2 years or more but less than 6 years- in 8
years
3. 1 month or more but less than 2 years in 4
years
4. Fine or imprisonment of not more than 1
month in 1 year
5. Violations penalized by municipal/city
ordinances in 2 months
 JUVENILE JUSTICE WELFARE ACT OF 2006

Republic Act No. 9344 as Amended by R.A.

10630
 An act Establishing a Comprehensive Juvenile
Justice and Welfare System, Creating the
Juvenile Justice and Welfare Council Under the
Department of Justice, Appropriating Funds
Therefore and For Other Purposes
As amended by R.A. 10630
An Act Strengthening the Juvenile Justice
System in the Philippines x x x x
 In line with the State Policy to protect the best
interest of a child, the right of children in
conflict with the law applies the principle of
Restorative Justice
 Above 15 but below 18 exempted from
criminal liability UNLESS acting with
discernment
Above 15 means a day after the persons 15th
birthday.
15 years old or under exempted from
criminal liability WHETHER OR NOT acting
with discernment
Question: How about a person born on
February 29?
 CICL 12 -15 years old committing serioes
offenses will be surrendered to a Bahay-Pag-
asa (akin to an ICU for CICL)
Why? They are considered neglected children
neccesiating intensive intervention program
CICL 12-15 years old who is a repeat
offender and have already undergone a
community based intervention program, also
to be surrendered to a Bahay Pag-asa
 Presumption of minority unless proven to be
of age
Birth, baptismal certificate and other
documents
Information from the child, testimony of
other persons
Important: In case of doubt, age shall be
resolved in the childs favor
 The mental capacity to understand the
difference between right and wrong and its
consequences
Who determines?
1. LSWDO
2. Prosecutor
3. Judge
4. Through circumstances of the commission
of the crime
:Information must allege discernment
 Alternative, child appropriate process of
determining the responsibility and treatment
of a CICL on the basis of his/her social,
cultural, economic, psychological or
educational background without formal court
proceedings.
Where is it conducted?
-penalty is 6 years and below-Before the
barangay
-before the police
 Penalty is more than 6 years but not more
than 12 years before the family court where
the case was filed
 If the CICL is found guilty by the court, CICL
enjoys automatic suspension of sentence
Except: If CICL is more than 21 years of age
at the time of the promulgation of sentence.
 Objective of the Law
To protect and rehabilitate children gravely
threatened or endangered by circumstances
which affect or will affect their survival and
normal development.
 A person who is below 18 years of age
A person who is over 18 but unable to fully
take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or
discrimination because of physical or mental
disability or condition.
 Five Categories
1. Child Prostitution and Other Sexual Abuse
2. Child trafficking
3. Obscene Publications and indecent shows
4. Other Acts of Abuse
5. Discrimination against children of
Indigenous Cultural Communities
 Child Prostitution
1. Those who engage in, facilitate or promote
child prostitution
2. Those who engage in sexual intercourse or
lascivious conduct with child
3. Those who derive profit therefrom
 Attempt at Child Prostitution
1. Those not being a relative, are found alone
with a child in motels, inns, massage parlor
and similar places
2. Those who are actually receiving services in
sauna bath, massage parlor and similar
establishments
 Buying and selling of children which includes
adoption with material consideration
 Attempt at Child Trafficking
1. When child travels alone to a foreign
country without valid reason or clearance or
written permit
2. Women or couples are recruited to bear
children
3. Birth is simulated
4. Children from low income families,
hospitals, clinics are recruited for adoption
or sale
 Other acts of neglect, abuse, cruelty or
exploitation
1. Forcing a child to beg, act as conduit in a
drug trade or conduct any other illegal
activity
2. Abandons the child depriving him/her the
love, care, protection he needs
3. Depriving the child of education even when
the parent can afford
4. Permits truancy
5. Inflicts cruel and unusual punishment,
excessive chastisement that embarrass or
humiliate him
6. Permits child to possess, handle or carry
deadly weapon,
7. Allows or requires the child to drive without
license
 Includes the employment of persuasion,
inducement, enticement or coercion of a child
to engage in sexual intercourse or lascivious
conduct
If the victim is under 12, the crime committed
is statutory rape under the Revised Penal Code.
 If the investigation discloses
-sexual abuse
-serious physical injury
-life-threatening neglect of the child
The duly authorized officer or social worker of
the Department shall immediately remove the
child from his home or establishment where he
was found and place him under protective to
ensure his safety
The authority exempt from any liability
 ANTI VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
 It is a law that penalizes acts of violence
against women and their children as a public
crime
These acts include physical violence, sexual
violence, psychological violence and
economic abuse
 It seeks to address the prevalence of violence
against women and their children, abuses on
women and their children by their intimate
partners like:
-husband or ex husband
-live-in partner or ex live in partner
-boyfriend/girlfriend or exboyfriend/ ex
girlfriend
-dating partner or ex dating partner
-
 Physical violence refers to acts that include bodily
harm
Sexual violence refers to an act which is sexual in
nature committed against a woman or her child
Psychological violence refers to acts or omissions
causing or likely to cause mental or emotional
suffering to the victim such as but not limited to
intimidation, harassment, stalking, damage to
property, public ridicule of humiliation, repeated
verbal abuse and marital infidelity
Economic abuse act that make the woman
financially dependent.
 Sexual Violence
a)Rape, sexual harassment, acts of
lasciviousness, treating the woman or her child
as a sex object,making demeaning and
sexually suggestive remarks, forcing the child
to watch obscene or indecent shows, forcing
the woman to do indecent acts, forcing the
wife to live together with the mistress
b)Acts causing the victim to engage in any
sexual activity by force, threat etc.
c)Prostituting the woman or her child
 It includes causing or allowing the victim to
witness the physical, sexual, or psychological
abuse of a member of the family to which the
victim belongs, or to witness pornography in
any form or to witness abusive injury to pets
or to unlawful deprivation of the right to
custody and visitation of common children
a)Withdrawal of financial support
b)Preventing the woman from exercising
his/her profession or engaging in legitimate
business
c)All other similar acts which intended to
control the victim
 1. File a criminal case
2. Apply for a Barangay Protection Order
3. Apply for the Protection Order
 Pattern of psychological and behavioral
symptoms found in women living in a
battering relationship as a result of
cumulative abuse.
A woman suffering from BWS is exempt from
criminal liability if she commits violence
against her abuser
 The male victim cannot file a case under R.A.
9262 but may file a case under the Revised
Penal Code
 Authorities must not allow conciliation of
9262 cases
Being under the influence of liquor or drugs
is not a defense in R.A. 9262 cases.
 Anti-Trafficking in Persons Act of 2003 now
known as Expanded Anti- Trafficking in
Persons Act of 2012
Trafficking in Persons recruitment,
obtaining, hiring, providing, offering
transportation, transfer, maintaining,
harboring or receipt of persons
-with or without the victims consent
-within or across national borders
By means of
-threat, use of force, or other forms of
coercion
-abduction, fraud or deception
-abuse of power or position
-taking advantage of the victims vulnerability
-giving or receiving payments
EXPLOITATION
-prostitution
-Forced labor
-slavery/servitude
-debt bondage
-Removal and sale of organs
 Attempted trafficking in persons
Accomplice liability
Accessories
Affidavit of Desistance from the victim or the
family of the victim shall not cause the
dismissal of the case
Child Pornography
-Any representation (visual, audio,written or
combination thereof)
-By electronic, mechanical, digital, optical or
any other means
-of a child engaged in real or simulated sexual
act
 1.Children under 18 years old
2.Adults who cannot take care or protect
themselves from abuse due to mental or
physical incapacity
3.person regardless of age who is
represented, depicted or portrayed as a child
4
Explicit Sexual Activity-actual or simulated
1.Sexual intercourse whether between opposite
or the same sex
2.Masturbation
3.Sadistic or masochistic abuse
4.Lascivious exhibition of genitals, buttocks,
breast, pubic area and or anus
5.Use of any object or instrument for lascivious
acts
 Possession of any form of CP with intent to
sell, distribute, publish or broadcast
Communicating thru computer system with a
child or a person believed to be a child for
the purpose of CP
Advertising, promoting and distributing CP
material
 Three Acts
1.Taking a photo or video coverage of a person
or group of persons performing sexual act or
other similar activity
2.Capturing an image of the private area of a
person or persons without consent under
circumstances in which the person have
reasonable expectation of privacy
3.Selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video
coverage or recording of a sexual activity
 Secretly capturing the image of the private
part of a person urinating
Secretly capturing the private parts of a
person while taking a bath
BUT: Taking a video of the private parts of a
drunken person who deliberately removed
his/her clothes is not voyeurism
 TERRORISM
A PERSON COMMITS any of the following
crimes: (Revised Penal Code)
: Piracy
: Rebellion or Insurrection
: Coup detat
: murder
: Kidnapping and serious illegal detention
: Crimes involving destruction
 :Law on arson
:Toxic substances
:Atomic energy and liability act
:Anti-hijacking law
:Anti-piracy and anti- highway robbery
:Illegal possession of firearms
 1. To sow and create a condition of
widespread and extraordinary fear and panic
among the populace
2. In order to coerce the government to give
in to an unlawful demand
 1. A suspect arrested without a warrant must be
delivered to the proper judicial authority within 3
days from date of arrest
2.Prior to detention, the suspect must be
presented before a judge of the place or nearest
to the place of arrest
3. If the arrest was made on a Saturday, Sunday,
holidays or after office hours, the law enforcer
must make a written notice and serve it to the
judge at his residence
4. The law enforcer in charge of the detainee
must keep a written log book
 A police or law enforcer and the members of
his team may listen to, intercept and record-
-any communication between member of a
judicially declared and outlawed terrorist
organization, association or group of persons
charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism
-With written authority from the Court of
Appeals
 Upon acquittal, any person accused of
terrorism shall be entitled to payment of
damages in the amount of P500,000. for
every day that he/she has been detained or
deprived of liberty without a warrant as a
result of such accusation
The amount of damages shall be
automatically charged against the
appropriations of the police agency or Anti-
terrorism council
 Money-laundering- It is a crime whereby the
proceeds of an unlawful activity are
transacted, thereby making them appear to
have originated from legitimate sources
 Smuggling
Violation of e-commerce
Hijacking
Terrorism
Kidnapping
Violation of R.A. 9165
Graft and corruption
Plunder
Jueteng and masiao
Piracy on the high seas
Qualified theft and swindling
 1.Placement or the physical disposal of the
criminal proceeds
2.Layering or the separation of the criminal
proceeds from their source by creating layers
of financial transactions to disguise audit trail
3.Integration or the provision of the apparent
legitimacy of the criminal proceeds
 1. A person who transacts or attempts to
transact the same in any covered institution
and who has knowledge that the money
instrument or property represents the
proceeds of an unlawful activity
2.Any person knowing that any monetary
instrument or property involves unlawful
activity, performs or fails to perform any act
and as a result, money laundering was
facilitated
 3. Any person knowing that any monetary
instrument or property is required to be
reported to the AMLC and fails to do so
 1. Securities dealers, investment houses and
similar entities supervised by the SEC
2. Banks and quasi-banks, their subsidiaries
and all affiliates supervised by the Bangko
Sentral ng Pilipinas
3.Insurance companies and all other
institutions supervised or regulated by the
insurance commission
 A transaction in cash or other equivalent
monetary instrument involving a total amount
in excess of P500,000.00 within 1 banking
day or in 5 consecutive days.
 Fencing The act of any person who, with
intent to gain for himself or for another shall
buy, receive, possess, keep, acquire, conceal,
sell or dispose of or shall buy and sell, or in
any other manner deal in any article, item,
object or anything of value which he knows,
or should know to have been derived from
the proceeds of the crime of robbery or theft
 A person, firm, association, corporation or
partnership or other organization who/ which
commits the act of fencing.
 1. A crime of robbery or theft has been
committed
2. The accused, who is not a principal or
accomplice in the commission of the crime of
theft or robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells or
dispose of or derived from the proceeds of
robbery or theft.
3.The accused knew or should have shown that
the article, item, object, or anything of value has
been derived from the proceeds of the crime of
robbery or theft
 4. There is intent to gain for himself or for
another.
5.The fence is not a principal or accomplice in
the crime of theft or robbery
 Mere possession of any good, article, item,
object, or anything of value which has been
the subject of robbery or thievery shall be
prima facie evidence of fencing.
 R.A. 10591
Requirements for gun ownership
1. Must be a Filipino citizen
2. At least twenty-one (21) years old
3. Has gainful work, occupation or business or
has filed an ITR for the preceding year as
proof of income
4. Police clearance
5. Has not been convicted of any crime or is
currently accused in a criminal case
 6. Pay the license fee
7. Passed psychiatric test
8.Passed the drug test
9.passed a gun safety seminar
10. filed a written application for a license
 The chief of the PNP, through the Fire and
Explosive Office (FEO) of the PNP shall issue
licenses to qualified individuals
Only small arms may be registered for
ownership
AFP, PNP and other law enforcement
agencies, Light weapon shall be exclusively
acquired by them
 Any handheld or portable weapon that:
-expells or is designed to expel a bullet, shot,
slug, missile or any projectile
-discharged by means of expansive force of
gases from burning gun powder
-a barrel, frame or receiver is considered a
firearm
 1. An unregistered firearm
2. An obliterated or altered firearm
3. lost or stolen firearm
4. Illegally manufactured firearm
5.registered firearm in the possession of an
individual other than the licensee
6. Those with revoked licenses
 Refers to the barrel, slide, frame, receiver,
cylinder or bolt assembly
Possession of any major part of a firearm
makes a person liable for illegal possession
of firearms
 Small arms Firearms intended to be
primarily designed for individual use. A
weapon intended to be fired from the hand or
shoulder which is not capable of fully
automatic burst
Class-A Light weapon Firearms which are
capable of fully automatic burst of not more
than 7.62 MM
Class-B Light weapon weapons designed for
use by two or more persons
 1. Illegal Possession of Firearms and
ammunition
2. Absence of Permit to carry outside of
residences
3. Use of Loose Firearm in the commission of
a crime
 1. Illegal Possession of Small Firearm- Prision
Mayor in its medium period
-Three or more small firearm reclusion
temporal to reclusion perpetua
2. Class-A light weapon- prision mayor in its
maximum period
3. Class B Light weapon- reclusion perpetua
4. Major part of a small firearm prision mayor
in its minimum period
5. Ammunition for a small firearm prision
mayor minimum
 6. Major part of a Class-A Light weapon
prision mayor in its medium period
7.Ammunition for a Class A light weapon-
Prision mayor in its medium
8. Major part of a Class B light weapon-
prision mayor in its maximum period
9. Ammunition For a Class B light weapon
Prision mayor in its maximum period
 The penalty will be one degree higher when:
1. The firearm is loaded with ammunition
2. Fitted or mounted with a laser or any
gadget that will guide the shooter to hit the
target
3. Fitter with muffler or silencer
4. Accompanied by an extra barrel
5. Converted to be capable of full automatic
burst
 Absence of license to carry firearm outside of
residence prision correccional and fine of
P10,000.00
Use a of Loose Firearm in the commission of a
crime:
1. The use of loose fire-arm, when the inherent
in the commission of a crime punishable under
the Revised Penal Code or other special laws shall
be considered as an aggravating circumstance
: If the maximum penalty for the crime
committed is LOWER than the penalty for illegal
possession of firearms, the penalty for illegal
possession shall be imposed in lieu of the
penalty for the crime charged
 If the crime committed with the use of the loose
firearm has a maximum penalty which is EQUAL
to the penalty for illegal possession of firearm,
the penalty of prision mayor minimum will be
imposed in addition to the penalty for the crime
committed.
If the Illegal possession of firearm is in
furtherance of, incident to or in connection with
the crime of rebellion, insurrection or coup
detat, illegal possession will be absorbed by the
crime of rebellion, insurrection or coup detat
 If the crime is committed by a person without
using a loose firearm, the violation of this act
shall be considered as a distinct and separate
offense.
 Road Accidents are currently the 4th leading
cause of death in the Philippines and according
to the DOTC, it might become the main cause of
death in 2020
Drunk and drugged driving is the No. 2 cause of
Road accidents
Alcohol slows reflexes, impairs reasoning and
affect motor skills.
With so many drivers under the influence of
alcohol or dangerous drugs getting away scot
free for many years now, its now about time that
the government goes after these people who
have been endangering lives not only their own
but others as well.
 It is unlawful for any person to drive a motor
vehicle while under the influence of liquor,
dangerous drugs and/or other similar
substances
How can a law enforcement officer know if the
driver is drunk

- If he has probable cause to believe that the

driver is drunk then he can order him/her to
stop the vehicle to conduct a test on the
driver
- A law enforcer cannot do random check on
any driver
 Overspeeding
Weaving
Lane straddling
Sudden stops
Swerving
Poor coordination
Evident smell of alcohol in a persons breath
Signs of use of dangerous drugs and other
similar substances
 1. Field sobriety test to initially assess and
determine intoxication, such as the horizontal
gaze nystagmus, the walk and turn test, one leg
stand, and other similar tests
The law enforcement officer will implement the
mandatory determination of the blood alcohol
concentration level through the use of a breath
analyzer or similar measuring instrument
If the law enforcement office will bring the driver
to the nearest police station to be subjected to a
drug screening test.
 Drug test is mandatory for a driver if he is
involved in a vehicular accident resulting in
the loss of human life or physical injuries
If a driver shall be penalized by the
confiscation and automatic revocation of his
drivers license, in addition to other penalties
provided herein.
 No physical injury-imprisonment of 3 months
Resulted to physical injury arresto mayor to
prision mayor depending on the gravity of the
injury
Resulted to homicide imprisonment
reclusion temporal P300,000-P500,000.
 The operator shall be directly and principally
held liable together with the offender for the
fine and the award of damages.
 Yes. If the driver/operator could convincingly
prove that he or she has exercised
extraordinary diligence in the selection and
supervision of his or her drivers in general
and the offending driver in particular.
Comprehensive Dangerous Drugs Act of 2002
 Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals

Penalties:
Life imprisonment to death and a fine ranging from
P500,000 to P10,000,000
 Illegal Sale of Dangerous Drugs (Sec. 5)
Penalty: Life Imprisonment to Death
Fine: P500K P10M

Illegal Sale of Controlled Precursors and Controlled

Chemicals (Sec. 5)
> Penalty: 12 Years and 1 day to 20 years
Imprisonment

> Fine: P100K P500K

 Special Aggravating Circumstances:
. Transpires w/in 100 meters from school
. Drug pushers using minors & mentally
incapacitated individuals as couriers
. Victim is a minor or a mentally
incapacitated individual
. Proximate cause of death of victim is the
dangerous drug and or controlled
precursor and essential chemical
. Accused is the organizer, manager,
financier
 Buy-Bust Operation
Proof needed:
Identity of the buyer and seller, object, and
consideration; and
Delivery of the thing sold
Sale must be clearly and unmistakably
established
 Penalties:
Life imprisonment to death and a fine ranging
from P500,000 to P10,000,000 if the quantity
is as follows:
1. 10 grams or more of opium
2. 10 grams or more of morphine
3. 10 grams or more of cocaine
4. 50 grams or more of shabu
5. 10 grams or more of marijuana resin or
marijuana oil
6. 500 grams or more of marijuana
 Sec.12 Possession of Equipment, instrument,
apparatus, and other paraphernalia for
dangerous drugs Imprisonment ranging
from 6 mos. And 1 day to 4 years and a fine
ranging from P10,000 to P50,000
Sec. 15 Use of dangerous
1st offense-minimum of 6 months
rehabilitation in a government center
2nd offense Imprisonment ranging from 6
years and 1 day to 12 years and fine
 Cultivation or culture of Plants Classified as
Dangerous Drugs or sources thereof Life
imprisonment to death and a fine ranging
from P 500,000 to P10,000,000
 1. Importation of Dangerous drugs
2. Financing of Drug operations
3. Distributors, brokers, transporters and
sellers/traders
4. Maintenance of Den/Resort for Drugs
5. Possession of Dangerous Drugs during
parties, meetings or social gathering
 No plea bargaining
No Probation
:except if the accused is a minor and cannot
avail of suspended sentence.
 THANK YOU AND GOOD LUCK
 Initial interview of the child
Give advice on his rights
Ascertain age
***If minority is questioned, PAO will
file a motion for summary hearing
Demand Immediate release if CICL is
exempted from criminal liability
 If the right of the CICL is violated, to file the
necessary administrative case against erring
employees

Initial Investigation, ensure the presence of

parents, guardian, religious organization, or a
member of the BCPC
 Require the referral in proper cases of the
CICL for diversion before the barangay

Move for the immediate release of the CICL

who is 15 years and below who are in jail
 During Custodial Investigation
=) PAO shall be present

During Diversion
=) explain to the CICL, parents, and
guardian the nature of diversion
=) protect the rights of the CICL
during diversion proceedings
 Ensure the assignment of the case to the
family court
Move for dismissal if the CICL is exempt
from criminal liability
Psychiatric evaluation if CICL is unfit
Release on recognizance for light offenses
Move for the referral to diversion if penalty
is 12 years and below
 See to it that arraignment is in chambers or
closed door

Invoke all mitigating circumstances if CICL

pleads guilty
 Ensure that there is full
comprehension by the CICL and the
parents or guardian of the
proceedings
 Ensure that the rule on
examination of a child witness is
applied when a CICL is called to
testify
 In chambers/closed door
Presence of Parents/ guardians/ social
worker
Automatic suspension if qualified;
If not qualified, apply for probation