Special Penal Laws Notes
Special Penal Laws Notes
Special Penal Laws Notes
1. Anti Violence Against Women and Their Children Act of 2004 ( RA No 9262)
Q: What does violence against women and their children mean?
A: Violence against women and their children refers to any act or a 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 a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
Note: The dating relationship that the law contemplates can, therefore, exist even without a sexual
intercourse taking place between those involved. An "awaybati" or a fightandkiss thing between two
lovers is a common occurrence. Their taking place does not mean that the romantic relation between the
two should be deemed broken up during periods of misunderstanding. (Ang v. CA, GR 182835, April 20,
2010, Justice Abad)
2.
3.
4.
5.
Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or desist from conduct which the woman or
her child has the right to engage in, or attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the woman or child. This
shall include, but not limited to, the following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's movement or conduct:
a.
Threatening to deprive or actually depriving the woman or her child of custody to her/his
family
b.
Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support
c.
d.
6.
Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions
7.
Causing or attempting to cause the woman or her child to engage in any sexual activity which
does not constitute rape, by force or threat of force, physical harm, or through intimidation
directed against the woman or her child or her/his immediate family
8.
a.
b.
c.
d.
e.
9.
Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children. (Sec.5)
Note: The child in conflict with the law shall enjoy the presumption of minority. He/she shall enjoy all the
rights of a child in conflict with the law until he/she is proven to be 18 years old or older.
Age Bracket
CRIMINAL
LIABILITY
Exempt
TREATMENT
The child shall be subjected to an
intervention program
The child shall be subjected to an
intervention program
Such child shall be subjected to the
appropriate proceedings in accordance
with R.A. 9344
Exempt
Not exempt
AGE
BRACKET
15 and under
Over 15 under 18,
18 or over
Over 70
Exempting circumstance
Exempting circumstance, provided he acted without
discernment. Mitigating circumstance, provided he acted
with discernment
Full criminal responsibility
Mitigating circumstance; no imposition of death penalty;
execution of death sentence if already imposed is
suspended and commuted.
Note: The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws
A:
Status offenses (Sec 57) Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense and shall not be punished if
committed by a child.
Offenses not applicable to children (Sec. 58) Persons below eighteen (18) years of age
shall be exempt from prosecution for the crime of:
a. Vagrancy and prostitution under Section 202 of RPC
b. Sniffing of rugby under Presidential Decree No. 1619
Ratio: Such prosecution being inconsistent with the United Nations Convention on the Rights of the Child:
Provided, That said persons shall undergo appropriate counseling and treatment program.
2.
3.
Penalty for mere possession of an unlicensed firearm is based on whether the firearm is low
powered or highpowered.
4. Unlicensed firearm shall include: firearms with expired license; or unauthorized use of licensed
firearm in the commission of the crime.
Q: When is the use of unlicensed firearm considered absorbed as an element of the
crime of rebellion, or insurrection, sedition or attempted coup d etat ?
A: If the unlicensed firearm is used in furtherance of or incident to, or in connection with the crime
of rebellion, or insurrection, sedition, or attempted coup d etat. (Sec.1)
Q: When is the use of unlicensed firearm considered an aggravating circumstance?
A: In the crimes of homicide and murder (Sec.1)
Q: When is the use of explosives considered an aggravating circumstance?
A: When a person commits any of the crimes defined in the Revised Penal Code or special laws
with the use of the aforementioned explosives, detonation agents or incendiary devices, which
results in the death of any person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as an aggravating circumstance. (Sec. 2, RA 8294)
4. The Comprehensive Dangerous Drugs Act of 2002 RA 9165
Q: What are the punishable acts under this act?
A:
1.
Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec.4)
Note: Any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species of opium
poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary
purposes.
1.
Note: Selling is any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration. (Sec.5)
Q:
A:
1.
2.
3.
Note: All these require evidence that the sale transaction transpired, coupled with the presentation in
court of the corpus delicti, i.e., the body or substance of the crime. (People v. Capuno, G.R.185715, 19
January 2011)
Owner of den, dive or resort where any dangerous drug is used or sold in any form
Employee of den dive or resort who is aware of the nature of the place as such
Visitor of den, dive or resort who is aware of the nature of the place as such and shall
knowingly visit the same
Q: Who are liable?
A: Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates
or fails to comply with the maintenance and keeping of the original records of transactions on any
dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40
of this Act.
1.
a.
b.
c.
Importation of any dangerous drug and/or controlled precursor and essential chemical
Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical
Maintenance of a den, dive or resort where any dangerous drug is used in any form
Manufacture of any dangerous drug and/or controlled precursor and essential chemical
Cultivation or culture of plants which are sources of dangerous drugs.
2.
Such information and testimony are not yet in the possession of the State
a.
b.
Altering, destroying, suppressing or concealing any paper, record, document, or object, with intent
to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases
c.
Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to
prevent his arrest, prosecution and conviction
d.
Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the
same purpose or purposes
e.
Delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts
f.
Making, presenting or using any record, document, paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in,
criminal cases
g.
h.
Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such
person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing
a condition, whether lawful or unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases
i.
Giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to
mislead the investigator or the court. (Sec. 1)
Note: Article 20, RPC is applicable with PD 1829 because it is beneficial to the accused. It is to be
interpreted in favor of the accused because in an absolutory cause, the offender is not criminally liable by
reason of public policy. Because the reason is public policy, it should apply to both the RPC and special
laws.
b. Anti Fencing Law PD 1612
Q: What is fencing?
A: 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 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. (Sec. 2 [a])
Q: What is the essence of fencing?
A: To be liable for fencing, the offender buys or otherwise acquires and then sells or disposes of any
object 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. (Caoiti v. CA, G.R. No. 128369, Dec. 22, 1997)
Q: What is the nature of the crime of fencing?
A: Fencing is a crime involving moral turpitude.
Ratio: In fencing, actual knowledge of the fence of the fact that the property received is stolen, displays
the same degree of malicious deprivation of ones rightful property as that which animated the robbery
or theft which by their very nature are crimes of moral turpitude. (Dela Torre v. COMELEC, G.R. No.
121592, July 5, 1996)
Q: Who is a fence?
A: A fence includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing. (Sec. 2 [b])
Q: What are the elements of fencing?
A:
The accused knows or should have known that said article, item, object or anything of value has been
derived from the proceeds of the crime of robbery or theft.
There is, on the part of the accused, intent to gain for himself or for another.
Note: Fencing under PD 1612 is a distinct crime from theft and robbery. If the participant who profited is
being prosecuted with the robber, the participant is prosecuted as an accessory. If he is being prosecuted
separately, the person who partook of the proceeds is liable for fencing.