Judge-abudiente-notes.doc

MSU BAR OPS 2018 CRIMINAL LAW By: JUDGE ARTHUR L. ABUNDIENTE

BOOK 1 

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Extra- territoriality of Penal Laws applies only in Crimes mentioned under Article 2 RPC and under certain special laws like the the Human Security Act. Crimes committed outside, even by public officers, like defamation, or slander are not triable in the Philippines Probable cause and Mistake of Fact

Stages of commission  

When is it consummated, frustrated, and attempted felony In crimes against persons like murder or homicide, mortal wound should be inflicted to consider it in its frustrated stage if the victim did not die Instigation vs. entrapment

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Note that in “instigation”, the person instigated or induced is NOT liable since he has no intent to commit the crime. It was the police officer who induces him to commit the crime. In “entrapment, the person entrapped is criminally liable. This may be asked in connection with R.A. 9165 Doctrine of “probable cause” JUSTIFYING CIRCUMSTANCES

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Elements of self-defense: [1] unlawful aggression [2] reasonable necessity of the means employed to prevent or repel it [3] lack of sufficient provocation on the part of the person defending himself No unlawful aggression when there is an agreement to fight EXEMPTING CIRCUMSTANCES

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In connection with RA 9344: Age is 15 below, exempt from criminal liability Over 15 under 18, exempt unless he acted with discernment AGGRAVATING CIRCUMSTANCES

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Advantage was taken by the offender of his public position. This could not be offset by mitigating circumstances and the penalty has to be imposed in its maximum period. The crime was committed by an organized/syndicated crime group [Art. 62 [1]. It exists when the crime was committed by a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain. BAND VERSUS BRIGANDAGE

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When more than three armed persons shall have acted together for the commission of a crime, it shall be deemed to be committed by a band. This is only an aggravating circumstance. Brigandage on the other hand exists when more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extorting ransom, or for other purposes to be attained by means of force and violence. This is a felony. Recidivism, habitual delinquency, reiteration QUASI-RECIDIVISM

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A recidivist is one who, at the time of the trial for his crime, shall have been previously convicted by final judgment of another crime embraced in the same Title of the Revised Penal Code. Reiteration is when the offender had been previously punished for an offense to which the law attaches and equal or greater penalty or for two or more crimes to which the law attaches a lighter penalty Habitual delinquency exists when within a period of ten years from his last release or last conviction of the crime of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he cis found guilty of any of said crimes a third time or oftener ALTERNATIVE CIRCUMSTANCE

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Intoxication may be appreciated either as mitigating or aggravating. Intoxication is generally mitigating, UNLESS it is habitual, or subsequent to the plan to commit the crime. PRINCIPALS, ACCOMPLICES AND ACCESSORIES

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Their participations: Principals by direct participation, by inducement, and by indispensable cooperation Accomplice’ participation is by previous or simultaneous act Accessory’s participation is subsequent to the commission of the crime Note that there are accessories who are exempt from criminal liability under Article 20 PARDON

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Pardon by the private offended party must be given before the institution of the criminal action to bar criminal prosecution. It is limited to the crimes of concubinage, adultery, seduction, abduction, rape, and acts of lasciviousness Pardon given by the President is given after the judgment of conviction becomes final. It is one of the grounds for the total extinction of criminal liability. It does not restore the pardonee’s right of suffrage unless such disqualification is expressly remitted in the pardon

ACCESSORY VS. SUBSIDIARY PENALTY  

Both penalties can be imposed only when the judgment of conviction is already final and executory. Accessory penalties are deemed imposed even of the decision or judgment is silent as to its imposition. Subsidiary penalty however can be imposed only if it is expressly stated in the decision. COMPLEX CRIMES

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When a single act constitutes two or more grave or less grave felonies Or when an offense is a necessary means of committing another No complex crime of Rebellion, or Treason, with common crimes, and the latter are absorbed if committed in pursuance of the crime of rebellion or treason Ordinary crimes committed not in relation thereto, are treated separately Computation of penalty in relation to the Indeterminate Sentence law; the Gayrana ruling was superseded by the Gonzales Ruling TOTAL EXTINCTION OF CRIMINAL LIABILITY

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Death in so far as his criminal liability is concerned. As to his civil liability, death extinguishes it only if it occurs before final judgment Distinction between Amnesty and Absolute Pardon Prescription of crimes Prescription of penalty Marriage by the offender with the offended party SUBSIDIARY PENALTY OF HOTEL-KEEPERS

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Subsidiarily civilly liable for damages when there was violation of ordinances or laws; Not Subsidiarily civilly liable for loss of valuables of guests for robbery with violence against or intimidation of persons UNLESS the crime was committed by its employees

OBLIGATION TO MAKE RESTITUTION 

Any person who participated gratuitously in the proceeds of a felony shall be bound to make restitution in the amount equivalent to the extent of his participation.

BOOK 2:   

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When is the “taking of a personal property” considered THEFT, ROBBERY, ESTAFA, OR MALVERSATION THEFT when there is no force, or violence, without the consent of the owner ROBBERY when there is violence or intimidation, or force upon things. Note that it is Robbery with Homicide if the primordial purpose of the accused is to rob the victim, and death merely resulted as a consequence thereof ESTAFA when there is fraud and damage. Estafa is characterized by unfaithfulness or abuse of confidence, false pretenses, with fraudulent misrepresentation or acts executed prior to or simultaneously with the commission of fraud, or through fraudulent means. Note that RA 10951 deleted par. 2[e] an it is no longer a crime to obtain food or accommodation without paying for it. MALVERSATION when the offender is an accountable public officer and he embezzled public funds or property. NOTE that there is a prima facie presumption of malversation. IN CRIMES AGAINST PERSONS

When is wrongful death considered PARRICIDE, DEATH UNDER EXCEPTIONAL CIRCUMSTANCES, MURDER, HOMICIDE, INFANTICIDE, UNDER TUMULTUOUS AFFRAY, DUEL, OR HOMICIDE THROUGH RECKLESS IMPRUDENCE? IT IS PARRICIDE WHEN:   

The a person kills his father, mother, or child, whether legitimate or illegitimate; Other legitimate ascendants or descendants Legitimate spouse. Killing a common-law spouse is NOT parricide. Under PD 1083 which embodies the Muslim Personal Laws and which recognizes and allows polygamous marriages, killing the second, third, or fourth spouse, or other spouses lawfully married to the accused in accordance with PD 1083, is also considered parricide

DEATH UNDER EXCEPTIONAL CIRCUMSTANCE, WHEN: 

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A LEGALLY married person, who having surprised his spouse in the act of sexual intercourse with another person, shall kill any of them, or both of them in the act, or immediately thereafter; With parents with respect to their daughter under 18 years of age, and their seducer, while the daughter is living with her parents.

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NOTE that the penalty is DESTIERRO. The same penalty if the injury inflicted is physical injuries. If the penalty inflicted is of any other kind, he shall be exempt from punishment.

KILLING IS MURDER, WHEN 

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Without the circumstances under Art. 246, shall kill another with the presence of the qualifying circumstances of Treachery; consideration of price, reward, or promise; by means of inundation, fire poison, explosion etc; on the occasion of calamity or misfortune; with evident premeditation; or with cruelty. NOTE that the qualifying aggravating circumstance/s must be alleged in the Information, otherwise they shall not be considered or appreciated even if proven during the trial

KILLING IS HOMICIDE, WHEN 

Without being a relative under Article 246, kills another without the presence of any qualifying aggravating circumstances under Article 248.

UNDER TUMULTUOUS AFFRAY, WHEN: 

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When several persons not composing groups organized for common purpose of assaulting or attacking each other, assault each other in a tumultuous manner, and in the course thereof, someone is killed, but it could not be determined or ascertained who actually killed the victim, but the person who inflicted physical injuries can be identified, he shall be liable for the death. NOTE of the definition of “tumult” . It is tumultuous if caused by more than three persons who are armed or provided with means of violence

KILLING IS INFANTICIDE, WHEN: 

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A person is liable for Infanticide when he kills a person less than three [3] days old. The penalty is provided for under Art. 246 for parricide, and Art. 248 for Murder. Note that if the accused is the mother of the child for the purpose of concealing her dishonour, the penalty shall be prision mayor medium to maximum. If committed by MATERNAL grandparents for the same purpose, the penalty shall be reclusion temporal The father CANNOT AVAIL of this mitigating circumstance of concealing dishonour if he kills his child less than 3 days old

HOMICIDE THROUGH RECKLESS IMPRUDENCE, WHEN:  

A person kills another without intent to kill, but the intent was replaced by negligence, or imprudence. Reckless imprudence consists of voluntarily but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack

of precaution on the part of the person performing or failing to perform an act, taking into consideration the employment or occupation, degree of intelligence, physical condition, other circumstances regarding the person, time and place. DEPRIVATION OF LIBERTY: 

When is it punished as Arbitrary detention, Delay in the delivery of detained person to judicial authority, Delaying Release, Unlawful Arrest, Kidnapping, Slight Illegal Detention, Slavery, or Forcible Abduction,

BY A PUBLIC OFFICER:  

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It is Arbitrary Detention when a public officer detains another without legal or lawful ground. It is punished as Delay in the Delivery of Detained Person when there is a ground to detain another, but fails to deliver the detained person within 12 hours for acts punishable with light penalty, 18 hours if for less grave penalties, and 36 hours if for grave penalties It is punished as Delaying Release when there was ground for detention, and there was a subsequent judicial or executive order for the release of the detainee, but the public officer unduly delays the release, or unduly delays the service of such notice or order for the release of the detainee

DETENTION BY A PRIVATE PERSON 

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It is punished as Kidnapping or Serious Illegal Detention when committed by any private individual who shall kidnap or detain another or in any manner deprive him of his liberty.  If it lasted for more than three days  If committed simulating public authority  If serious physical injuries, or threats to kill him were made  If the person kidnapped is a minor except when accused is any of the parents Maximum penalty when the purpose is to extort ransom or when the victim dies or raped, or tortured or dehumanizing act Punished as Slight Illegal Detention if accused voluntarily release the victim within three days, without having attained the purpose.

DETENTION BY PRIVATE PERSON… 

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It is punished as Unlawful Arrest when a private person, without reasonable ground therefor, shall arrest another for the purpose of delivering him to the proper authorities [Art. 269] It is punished as Slavery if a person shall purchase, sell, kidnap, or detain another human being for the purpose of enslaving him, or for assigning him or her to an immoral traffic.

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It is punished as Forcible Abduction when committed by any person who abducts any woman against her will and with lewd design. It is punished as Consented Abduction when the victim is a virgin over 12 and under 18 years of age, carried out with her consent and with lewd design

MOVEMENT AGAINST THE STATE  

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When punished as Treason, Rebellion, Coup d’etat, or Sedition It is punished as Treason when committed by any person who when there is a war and the Philippines in involved, and who owes permanent or temporary allegiance to the government, levies war against the government, or adheres to the enemy by giving them aid or comfort. In Treason, take note of the Two-Witness rule The offender may be tried in the Philippines although the treasonous act was committed abroad

REBELLION… 

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It is punished as Rebellion or Insurrection when the accused rise publicly and take up arms against the Government of the Philippines for the purpose of removing from the allegiance of the government or its laws its territory or a portion thereof, or any body of land, naval or armed forces; or to deprive the executive or legislative of any of its powers or prerogatives Rebellion is a continuing crime and any common crimes committed in pursuance thereof like Murder, Arson, etc are absorved in one crime of Rebellion although these acts were committed in different occasions No complex crime of Rebellion with ordinary crimes

COUP D’ETAT: 

It is punished as Coup d’etat when the offenders committed a crime characterized as a swift attack accompanied by violence, intimidation, threat, stealth, or strategy directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines, with or without civilian support, by any person belonging to the military, police, or holding any public office or employment, with or without civilian support, for the purpose of seizing or diminishing state power

SEDITION: 

Punished as Sedition when committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods the purposes mentioned under Article 139

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It is tumultuous when caused by more than three persons who are armed or provided with means of violence [Art. 153] CRIMES COMMITTED BY PUBLIC OFFICERS

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Public officers are those who, by direct provision of law, by popular election, or appointment by competent authority shall take part in the performance of public functions in the Government, or shall perform in said government or any branches public duties as an employee, agent, or subordinate official of any rank or class. Person in authority is any person with jurisdiction whether as an individual, or member of a court, tribunal or government corporation or board, or commission. An agent of a person in authority is by direct provision of law, by election, or appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. VIOLATION OF DOMICILE VERSUS… TRESPASSING

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It is Violation of Domicile when committed by a public officer who, without authority, enters a dwelling without the consent of the owner thereof and search papers or other effects found therein; or by a public officer who surreptitiously entered a dwelling and being required to leave, refuse to do so. Qualified Trespass to Dwelling is committed by a private person who enters the dwelling of another without the latter’s consent OFFENDING RELIGIOUS FEELINGS

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Committed by any person [public officer or private individual] who, in a place dedicated to religious worship or during the celebration of any religious ceremony, shall perform an act notoriously offensive to the feelings of the faithful. Thus, when the accused, a private individual entered the Church during a mass, bring a placard calling categorizing priests “Damaso”, that notorious priest in Rizal’s novel Noli Mi Tangere, which offended those who attended the mass, the crime committed the crime of Offending Religious Feelings CARNAL INTERCOURSE IS:

RAPE when committed by a man who has carnal intercourse with a woman 1. through force, threat or intimidation 2. when the offended party is deprived of reason or otherwise unconscious 3. by means of fraudulent machination or grave abuse of authority 4. when the offended party is under twelve years of age or is demented

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NOTE THAT IN RAPE, THE SLIGHTEST PENETRATION CONSUMMATES THE CRIME. IT IS EVEN CONSIDERED CONSUMMATED EVEN IF THERE WAS NO HYMENAL LACERATION SEDUCTION when the victim is a virgin, over twelve but 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.

USURPATION OF AUTHORITY 

Usurpation of authority or official function is committed when a person knowingly and falsely represent himself to be an officer, agent or representative of any department or agency o the Philippine government or of any foreign government; or who under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine government, or any foreign government or any agency thereof without being lawfully entitled to do so.

OTHER FORMS OF USURPATION 

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Usurpation of legislative powers is committed by any public officer who shall encroach upon the powers of the legislative branch either by making general rules or regulation beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof Usurpation of executive function is committed by any Judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of the powers. Usurpation of Judicial functions is committed by any officer in the executive branch of the government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any Judge within his jurisdiction

INFIDELITY OF PUBLIC OFFICERS 

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Infidelity in the custody of prisoners: [1] conniving with or consenting to evasion; [2] evasion through negligence [3] escape of prisoner under the custody of a person not a public officer Infidelity in the custody of documents: [1] removal, concealment or destruction of documents [2[ officer breaking seal [3] opening of closed documents

GRAVE THREAT AND GRAVE COERCION 

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A Grave threat is committed by any person who shall threaten another with the infliction upon the person, honor, property, of the latter of of his family of any wrong amounting to a crime Grave coercion is committed by any person who, without authority of law, shall by means of violence, threats, or intimidation, prevent another from doing something not prohibited by law, or to compel him to do something against his

will whether it be right or wrong. A higher penalty shall be imposed if the coercion is committed in violation of the right of suffrage, or the exercise of religion ART. 332: NO CRIMINAL BUT ONLY CIVIL LIABILITY Persons exempt from criminal liability: 1.spouses, ascendants, descendants, or relatives by affinity in the same degree 2. Widowed spouse with respect to the property which belonged to the deceased spouse before the same have passed into the possession of another This exemption from criminal liability does not apply when the crime is complexed with another crime. Example, ESTAFA thru FALSIFICATION SIMULATION OF BIRTH, SUBSTITUTION OF ONE CHILD FOR ANOTHER, ETC  

Simulation of birth, substitution of one child for another, concealment, and abandonment of legitimate child are punishable Concealment and abandonment of a legitimate child to lose his civil status ART. 349: BIGAMY

ELEMENTS:    

The offender is legally married; The marriage has not yet been dissolved, or the absent spouse is absent but presumptive death has not yet been declared by the court The accused contracted another marriage the subsequent marriage has all the essential requisites for validity.

NOTE: THE MUSLIM GAMBIT HAD BEEN REJECTED BY THE COURT CYBERLIBEL  

The SC struck down as unconstitutional the penalizing of people who AID OR ABET online libel as provided for under RA 10175 While it upheld ONLINE LIBEL as a crime BUT ONLY THE ORIGINAL AUTHOR is to be penalized. Those who merely “LIKE” IT are not liable BP 22

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There is prima facie evidence of knowledge of insufficiency of funds if the check is presented within ninety [90] days from the date of the check, and was dishonoured, and the drawer received a notice of dishonour, and the drawer or maker of the chcl fails to pay the amount due thereon within five banking days after receiving the notice.

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Such presumption cannot arise if the notice of dishonour is not sent to the drawer, or if there is no proof that such notice was sent and received by the drawer since there is no way to reckon the crucial 5-day period. The absence of a notice of dishonour necessarily deprives the accused an opportunity to preclude a criminal prosecution. ANTI-FENCING LAW [PD 1612] It is the act of any person who with intent to fain for himself or for another, shall bur, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell or in any other manner deal in any article, items, object or anything of value which he knows or shown be known to him to have been derived from the proceeds of the crime of robbery or theft. The presumption of fencing arises only when the article or item involved is the subject of robbery or theft. The presumption of fencing applies when a person paid a price so inadequate for the value of the thing suggestive that it was nit legitimately acquired by the seller. CARNAPPING

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It is the taking with intent to gain of a motor vehicle belonging to another without the latter’s consent or by means of violence against or intimidation of persons or by using force upon things. Carnapping in aggravated form [qualified carnapping] is committed when the owner, friver, or occupant of the carnapped motor vehicle is killed, or raped in the course of the commission of carnapping or on occasion thereof HUMAN SECURITY ACT [R.A. 372]

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TERRORISM is committed by any person who commits any of the following crimes: Piracy, Rebellion, Coup d’tat. Murder, Kidnapping and Serious illegal detention, Crimes involving destruction, Violations of RA `1612, RA 6969, Roxic susbtances and hazardous nuclear waste, Atomic Energy Regulatory Act, Anti Hijacking law, Anti highway robbery law, PD 1866 as amended, thereby sowing and creating an extra-ordinary fear and panic among the populace in order to coerce the government to give in to an unlawful demand. Penalty is 40 years without the benefit of parole MERE CONSPIRACY TO COMMIT TERRORISM IS PUNISHABLE WITH FORTY [40] YEARS OF IMPRISONMENT

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Accessories who are spouse. Ascendants, descendants, legitimate, natural, or adopted brothers and sisters or relatives by affinity within the same degrees are exempt from criminal liability except those who profited themselves or assisted the offenders to profit from the effects of the crime. HUMAN SECURITY ACT

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Marawi siege is considered to be an example of violation of RA 9372 Period of detention without judicial authorization of a person charged or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism, is three [3] days, counted from the moment the person suspected of terrorism was apprehended, without incurring any criminal liability under Article 125 RPC, PROVIDED that the arrest was the result of a surveillance, or examination of bank deposits. Before detaining such person, the latter must be presented before any Judge at the latter’s residence or office nearest the place where the arrest was made at any time of day or night. The Judge shall ascertain the identity of the police or law enforcement personnel and the person/s they arrested. The Judge shall then submit to the court of competent jurisdiction his report Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of P500,000.00 per day of detention [Sec. 50]

RA 9344   

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Age is 15 years old or below: EXEMPT from criminal liability. He shall be subjected to intervention program. He is not exempt from civil liability AGE IS OVER 15 BUT UNDER 18: If he did not act with discernment, he shall be exempt from criminal liability. Not exempt from civil liablity AGE IS OVER 15 UNDER 18 and he acted with discernment: He is not exempt from criminal liability, He shall be subjected to the criminal proceedings in accordance with RA 9344. Entitled to suspended sentence in case of conviction even if he did not apply for it Once the child who is under 18 years of age at the the time of the commission of a crime is found guilty of the offense charged, the court shall determine abd ascertain any civil liability which may have resulted. However instead of pronouncing the judgment of conviction, the court shall place the child under suspended sentence, without need of application. Provided however that the suspension of sentence shall be supplied even if the juvenile is already eighteen years of age at the time of the pronouncement of his sentence. [Sec. 38] Discharge of the child in conflict with the law. Upon recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended, and shall order his final discharge. The discharge shall not affect the civil liability. If the court finds that the child has wilfully failed to comply with the conditions of his disposition or rehabilitation program, the child shall be returned to the court for the execution of judgment. R.A. 9262

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Violence against women or children refers to any act or series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had sexual or dating relationship, or with whom he has a former child, or against his child, whether legitimate or illegitimate. Battered woman syndrome. Victims or survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for the justifying circumstance of self-defense.

PROTECTION ORDERS WHICH MAY BE ISSUED: Barangay Protection Order [BPO] may be issued by the Barangay Captain. Temporary Protection Orde [TPO] may be issued by the court. Valid for 30 days Permanent Protection Order [PPO] issued by the court after notice and hearing, valid until revoked R.A. 7610: SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, ETC PUNISHAABLE ACTS: 1. Child prostitution and other sexual abuse 2. Child trafficking [trading and dealing with children, for money or gain] 3. Obscene publication and indecent shows Other acts of abuse [neglect, cruelty, and other conditions prejudicial to the cbhikd’s development] RA 9775: ANTI CHILD PORNOGRAPHY ACT OF 2009 

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Child. Any person below 18 years of age or over but is unable to full take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination beause of physical or mental disability or condition Child pornography. 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 RA 8049: ANTI-HAZING LAW

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Hazing. An initiation rite or practice as a pre-requisite for admission into membership in fraternity, sorority, or organization by placing the recruit

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neophyte or applicant in some embarrassing or humiliating situations, or subjecting him to physical or psychological sufferings. The physical, mdntal and psychological testing and training procedure to enhance and determine the physical, metal, and psychological fitness of prospective members of the AFP, PNP, as approved by the DND and NAPOLCOM shall not be considered as hazing. RA 3019: THE ANTI GRAFT AND CORRUPT PRACTICES ACT

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Persons covered by RA 3019 All public officers, who by direct provision of law, by popular election, or appointment by competent authority, permanent or temporary, whether in the classified, non-classified, or exempt service receiving regular or nominal compensation from the government. R.A. 7080: ANTI-PLUNDER ACT

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Persons liable: any person holding public office in the Government of the Pnilippines by virtue of direct provision of law, appointment by competent authority, popular election, or contract. A private person who conspires with the public official may also be held liable for Plunder Plunder is a crime committed by a public officer himself, or in connivance with members of his family, relatives bny affinity or consanguinity, business associates, subordinates or other persons by amassing, accumulating, or acquiring ill-gotten wealth through combination or series of acts tin the aggregate amount or value of Fifty Million [50M] pesos. Ill-gotten wealth refers to any asset, property, business enterprise, or material possession of any person, acquired ny a public officer directly or indirectly through dummies, nominees, associates, agents, or subordinates.

R.A. 10591: ILLEGAL POSSESSION OF FIREARMS, AMMUNITIONS, ETC. 

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If the unlicensed firearm is used in furtherance of the crime of rebellion sedition, or coup d’etat, the use of unlicensed firearms or explosives is ABSORBED. The use of unlicensed firearm is considered AGGRAVATING in the crime of Murder or Homicide When a person commit any crime with the use of explosives, detonation agents, or incendiary devices which results in the death if any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as AGGRVATING CIRCUMSTANCES The unlawful manufacture, sale, acquisition, disposition or possession of firearms and ammunitions etc. are likewise absorbed in the crime of rebellion, sedition, coup d’etat

R.A. 4200: ANTI-WIRE TAPPING LAW  

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It punishes the following acts: Not being authorized by all the parties to any private communication, or spoken word, to tap any wire or cable, or to secretly overhear, intercept, or record such communication or spoken word byb using a device; Be he a participant or not in the act or acts penalized afore-mentioned, to knowingly possess any tape record, wire record, disc record, or any such record, or copies thereof, of any communication or spoken worde, or to replay the same for any other person or persons, or to furnish transcription thereof, whether complete or partial. R.A. 4200

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NOTES: An extension telephone cannot be placed in the same category as Dictaphone, dictagraph or the other devices under RA 4200 as the use thereof cannot be used as “tapping”. [Gaanan vs. CA] Absent a clear showing that both parties to the telephone conversation qllowed the recording of the same, the INADMISSIBILITY of the subject tapes is MANDATORY R.A. 9194 anti money laundering act

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Money laundering, defined. Crime wherein the proceeds of unlawful activity are transacted, making it appear to have come from lawful transaction Covered transation are those transaction in cash or other equivalent monetary instrument involving a total amount in excess of Php 500,000.00 within one [1] banking day RA 9995: ANTI PHOTO AND VIDEO VOYEURISM ACT OF 2009

Acts punished: 

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To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person such as the naked or undergarment, clad genitals, buttocks, or female breasts without the consent of the person involved To copy or reproduce, or cause to be copied or reproduced such photo or videop or recording of a sexual act with or without consideration To sell or distribute or cause to be sold or distributed such phor or video whether it be original copy or reproduction thereof. To publish or boradcaset, or cause to be published or broadcast whether in print or broadcast media the photo or video coverage or recording

R.A. 9165: COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Section 5. Sale, Trading, Administration, etc. A. Elements of Selling: [1] identity of the buyer, and the seller, the object and the consideration thereof; [2[ the delivery of the thing sold, and the payment therefor. NOTE: THE ABSENCE OF THE BUY-BUST MONEY WILL NOT PREJUDICE THE PROSECUTION FOR AS LONG AS THE SALE OF THE DANGEROUS DRUGS IS PROVEN, AND THE CHAIN OF CUSTODY IS NOT VIOLATED IN ORDER TO PRESERVE THE INTEGRITY AND PROBATIVE VALUE OF THE SEIZED EVIDENCE SECTION 11. POSSESSION Elements: 1. The accused was in possession of an illegal drugs 2. Such possession is not authorized by law 3. The accused was freely and consciously aware of being in possession of the drugs. Thus, a person cannot be held criminally liable for possession of illegal drugs if he/she is unaware of the content of the container handed to her.

SEC. 28: ATTEMPT AND CONSPIRACY Mere attempt or conspiracy to commit the following, shall be penalized with the same penalty prescribed for the commission of the same: 1. Importation of dangerous drugs, controlled chemicals 2. Sale, trading etc 3. Maintenance of drug de or dive 4. Manufacture of dangerous drugs 5. Cultivation or culture of plants which are sources of dangerous drugs My dear examinees, may you be guided by god… god bless you all… AMEN…..