PD 603: Child and Youth Welfare Code

Exempt from criminal liability: Child 15 below Child 15-18 that acted without discernment*at the time of the commission of the offense

If the court finds that the youthful offender committed the crime charged, it shall determine the imposable penalty and civil liability but not pronounce judgment of conviction – proceedings are instead suspended

Youthful offender returned to committing court for pronouncement of judgment:1. Incorrigible2. Willful failure to comply with rehabilitation program3. Continued stay in institution inadvisable

When youthful offender has reached 18 while in commitment, the court shall:1. Dismiss – if offender behaved properly2. Pronounce conviction – if conditions are not met

- offender may apply for probation

Youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention.

RA 9165: Comprehensive Dangerous Drugs Act

Financier- raises or supplies money for illegal activitiesProtector/Coddler – knowingly or willfully consents to the unlawful acts, facilitates escape of violatorsPusher – sells, trades, or delivers DD

Plea-Bargaining ProhibitedProbation Law not applicable*regardless of imposable penalty

Qualifying Aggravating Circumstance if offender under influence of DD

Punishable Acts:1. Importation* 2. Sale* – buyer must receive the drugs from the accusedElements:a. Identity of buyer and sellerb. Object and Consideration of the salec. Delivery (with knowledge)d. Payment3. Maintenance of a den, dive, resort*4. Employment in and visiting a den, dive, resort5. Manufacturing DD*6. Illegal chemical diversion7. Manufacture or delivery of equipment8. Possession of DDElements:a. Possession of item identified as DDb. Not authorized by lawc. Freely and consciously possessed*exclusive possession and control not necessary9. Possession of equipment (punished separately)

10. Possession of DD during parties (proximate company of at least 2 persons)11. Possession of equipment during parties (proximate company of at least 2 persons)12. Use of DD13. Cultivation or culture of plants or other source*14. Failure to maintain and keep records of transactions15. Unnecessary prescription16. Unlawful prescription*Mere attempt or conspiracy to commit punishable

Custody and disposition of Confiscated, Seized, Surrendered DD and Equipment:Agency in charge: PDEA1. Physical inventory and photographing- presence of accused, his representative or counsel, representative from media and DOJ, any elected public official- at the place where the search warrant is served; or at the nearest police station in case of warrantless seizes2. Submission of the article to the PDEA Forensic Lab (within 24 hours)3. Certification of the results of the lab exam (within 24 hours)4. Filing of criminal case5. Ocular inspection by court6. Burning or destroying of items (within 24 hours)- in the presence of the accused or his counsel, representative from the media, DOJ, civil society, and any elected public official7. Sworn certification from DDB8. Submission of sworn certificate to court9. Destruction of sample after promulgation of judgment10. DDB informed of termination of case

Chain of Custody – duly recorded authorized movement sand custody of seized drugs or equipment from the time of seizure to receipt in the forensic lab. The record shall include the identity and signature of the person who held temporary custody, the date and time of transfer of custody in the course of safekeeping, use in court as evidence, and final disposition.

Twin conditions to justify procedural lapse:1. Justifiable grounds2. Preservation of integrity and evidentiary value

Immunity from Prosecution and Punishment:1. Prosecuted for (a) employment in and visiting a den, dive, resort; (b) possession of DD; (c) possession of equipment; (d) possession of equipment in parties; (e) use of DD; (f) unlawful prescription2. Information is given voluntarily on (a) importation; (b) sale of DD; (c) maintenance of den, dive, resort; (d) manufacture of DD; (e) manufacture of equipment; (f) possession of DD during parties; (g) unnecessary prescription; (h) or any other violation if committed by a Drug Syndicate (at least 2 persons)3. Willingly testifies against any individual4. a. Information not yet in the possession of the stateb. necessary for convictionc. unavailability of direct evidenced. subject to substantial corroboratione. not appear most guiltyf. strict ad faithful compliance without delay with any conditions imposed by the State

g. not convicted of a crime involving moral turpitude except when there is no other direct evidence available

Confinement of a drug dependent may be voluntary or compulsory.Drug dependent who is discharged as rehabilitated but does not qualify for exemption from criminal liability may be charged but shall be placed on probation and undergo community service in lieu of imprisonment in the discretion of the court without prejudice to the outcome of any pending case.

If offender is a first time minor offender, sentence shall be suspended. Can be availed of only once.

- over 15 at the time of the commission of the offense but not more than 18 at the time judgment is promulgated

- probation or community service in lieu of imprisonment in the discretion of the court

Minors as drug pushers are disqualified from probation.

RA 9262: Anti-Violence Against Women and their Children

Elements:1. sexual or dating relationship2. act or series of acts of harassment3. emotional or psychological distress

A single act of harassment is enough to convict the offenderIt is not indispensable that the act of violence be a consequence of the dating or sexual relationship.That dating relationship ceased prior to violence is not a defense.

Violence against Women and Children – any act or series of acts committed by any person against a woman who is his:1. wife2. former wife3. a woman with whom he has or had a sexual or dating relationship.4. a woman with whom he has a common child5. child- include:a. physical violenceb. economic abusec. psychological violenced. sexual violence

Battered Woman Syndrome as a proper defense notwithstanding the absence of any of the elements for self-defense

- 2 battering episodes are necessary (2 cycles of tension building, acute battering incident, and tranquil, loving phase)

Acts punishable (Section 5)Prescriptive Period: 1-6: 20 years; 7-9 10 yearsVenue: RTC designated as family court1. Threatening to cause physical harm2. Attempting to cause physical harm

3. Placing in fear of imminent physical harm4. Attempting to compel or compelling to engage in conduct with right to desist, or desist rom conduct with right to engage in; attempting to restrict or restricting freedom of movement5. Inflicting or threatening to inflict physical harm on oneself to control actions and decisions6. Causing physical harm7. Causing or attempting to cause to engage in any sexual activity not rape8. Causing mental or emotional anguish, public ridicule, or humiliation9. Engaging in purposeful, knowing, or reckless conduct that cause alarm or distress (stalking, harassment)

BPO TPO PPOIssued by Punong

Barangay or Barangay Kagawad in case of absence

Family Court or RTC/MTC with territorial jurisdiction over place of residence of petitioner

Family Court or RTC/MTC with territorial jurisdiction over place of residence of petitioner

Procedure for determination of basis of application

Ex parte Notice and hearing

Notice and hearing

Specific act protected

Threatening / Attempting to cause physical harm (Sec 5 a&b)

Any, some or all of the reliefs mentioned in the Act

Any, some or all of the reliefs in Section 8 (Protection Orders)

Effectivity 15 days 30 days Until revoked

Penalty for violation

Imprisonment of 30 days without prejudice to any other criminal or civil action

Contempt of court without prejudice to any other criminal or civil action

Contempt of court without prejudice to any other criminal or civil action

Violence against Women and Children is a public crime- may be prosecuted upon the filing of a complaint by

any citizen having personal knowledge of the circumstances involving the commission of the crime

RA 9344: Juvenile Justice and Welfare Act

Child – below 18Child in Conflict with the Law – alleged as, accused of, or adjudged as, having committed an offense under Philippine lawsIntervention – series of activities designed to address issues that caused the child to commit the crime (individualized treatment program, counseling, skills training, education)Diversion – alternative, child-appropriate process of determining the responsibility and treatment of a child in CICL without resorting to formal court proceedings

Discernment – mental capacity to understand the difference between right and wrong

- determined by considering all the circumstances, appearance, attitude, behavior, conduct before and during commission of the act and trial

Age Criminal Liability Civil LiabilityBelow 15 Exempt but

intervention program

Subject

15-18 without discernment

Exempt but intervention program

Subject

15-18 with discernment

Criminal liability but diversion program

Subject

18 above Criminal liability SubjectReckoning point: time of commission of offense

Procedure:1. Determination of Age2. Ascertainment of Criminal Liability based on Age and Discernment3. Discharge of the CICL

If child is 15 and below, the authority, in consultation with the local social welfare and development officer has to release the child to the custody of:1. parents/guardian/nearest relative2. duly registered non-governmental or religious organization / barangay official / local social welfare and development officer3. DSWD

Child deemed Neglected Child and mandatorily placed in a special facility within the Bahay Pag-Asa called the Intensive Juvenile Intervention and Support Center if he/she is 12-15 and commits:1. Kidnapping and serious illegal detention – victim is killed or raped2. Infanticide3. Murder4. Parricide5. Carnapping – driver/occupant is killed or raped6. Destructive Arson7. Robbery with homiced or rape8. Rape9. Drugs offenses punishable by more than 12 years imprisonment

Diversion:1. If imposable penalty is < 6 years imprisonment – law enforcement officer / Punong Barangay shall conduct mediation, family conferencing, conciliation2. Victimless crimes where the imposable penalty is < 6 years imprisonment – local social welfare and development officer shall develop diversion and rehabilitation program3. Imposable penalty > 6 years imprisonment – diversion measures ay be resorted to only by the court

Diversion may be conducted at all levels and phases of the proceedings.

The child in diversion shall present himself to the competent authorities at least once a month for reporting and evaluation. Failure to comply with the terms and conditions of diversion shall give the offended party the option to institute the appropriate legal action.The period of prescription of the offense shall be suspended during the effectivity of the diversion program but not exceeding 2 years.

Automatic Suspension of Sentence- child under 18 found guilty- civil liability determined- instead of pronouncing conviction, court shall place

CICL under suspended sentence without need of application

- even if >18 at the time of pronouncement of guilt

Discharge of CICL- upon recommendation of social worker with custody

of the child- objective of the disposition measures fulfilled- not affect civil liability

Return of CICL to court for execution of judgment- objective of disposition measures not fulfilled- CICL willfully failed to comply with conditions of

program

CICL reached 18 while under suspended sentence – court shall determine whether:1. discharge2. order execution of sentence3. extend suspended sentence until maximum age of 21

CICL credited in the service of his sentence with the full time spent in actual commitment and detention.Probation as an alternative to imprisonment – upon application at any time

Offenses not applicable to children: (they are exempt but counseling and treatment)1. Vagrancy and prostitution2. Mendicancy3. Sniffing of rugby

RA 10591: Comprehensive Firearms and Ammunition Regulation Act

An imitation firearm used in the commission of a crime shall be considered a real firearm and the person who committed the crime shall be punished in accordance with this Act.

Permit to Carry Firearm Outside of Residence & Permit to Transport Firearm

- written authority issued by Chief of the PNP

Acts Punishable:1. Unlawful acquisition or possession2. Use of loose firearm in the commission of a crime – aggravating circumstance- If the crime is committed without using the loose firearm – separate offense

3. Carriage of registered firearm outside of residence without legal authority4. Unlawful manufacture, sale, importation, acquisition, disposition, possession5. Unlawful taking, sale, or disposition by any laborer, worker or employee of a licensed firearms dealer6. Arms smuggling7. Unlawful tampering, obliteration or alteration of firearm’s identification8. Planting evidence9. Failure to notify PNP of lost or stolen firearm within 30 days10. Failure to notify PNP of change of residence within 30 days11. Illegal transfer or registration of firearms to person not licensed

Imposition of penalty for any violation of this Act includes the accessory penalty of confiscation and forfeiture of the firearm.

RA 4103: Indeterminate Sentence Law

Indeterminate sentence – sentence with a minimum and a maximum term

- mandatory where maximum imprisonment exceeds 1 year but only if favorable to the accused

- applies to both violations of RPC and special laws

RPC Special LawsMaximum Properly imposed

under RPC considering aggravating and mitigating circumstances

Not exceed maximum term fixed by law

Minimum Within the range of penalty one degree lower than that prescribed by the RPC, without considering circumstances

(When there is a privileged mitigating circumstance, the starting point is the penalty next lower than that prescribed by the RPC)

Not less than minimum term prescribed

Modifying circumstances are considered only in the imposition of the maximum term.

ISL not Applicable:1. Imprisonment not exceed 1 year2. Destierro or suspension3. RP or LI4. Convicted of Piracy

5. Violated terms of conditional pardon6. Convicted of treason / conspiracy or proposal to commit treason7. Habitual Delinquent (Recidivists are entitled; Offender qualified even if crime is committed while he is on parole)8. Escaped from confinement / evaded sentence9. Convicted of misprision of treason, espionage, rebellion, sedition

Release of Prisoner on Parole- after serving minimum penalty- appears to the Board that: (a) fit for release; (b)

reasonable probability that he will not violate the law; (c) not incompatible with welfare of society

Entitlement to Final Release and Discharge- paroled prisoner shall show himself to be a (a) law-

abiding citizen; (b) not violate any law

Sanction for Violation of (any) Conditions of Parole1. Order of arrest2. Prisoner shall serve the remaining unexpired portion of his maximum sentence

PD 968: Probation Law

Probation – defendant after conviction and sentence is released subject to conditions imposed by the court and supervision of the probation officer

- not an absolute right- mere privilege whose grant rests upon the discretion

of the court- may be granted even if the sentence is fine only but

with subsidiary imprisonment- application must be filed with the trial court within

the period for perfecting an appeal- no application for probation shall be entertained or

granted if defendant perfected an appealo Exception: Colinares

Appealed decision which imposes a sentence disqualifying the accused an opportunity to apply for probation was set aside as an erroneous judgment

Filing for application for probation – waiver of right to appealOrder granting/denying probation – not appealableAccessory penalties – deemed suspended once probation is grantedCivil liability – not affected; may be appealedBefore grant of probation – prior investigation by probation officer and determination of courtCriteria for placing an offender on probation: information on character and condition of offender; institutional and community resources

Probation shall be denied if the court finds that:1. Offender is in need of correctional treatment through commitment 2. Undue risk of committing another crime3. Depreciate seriousness of crime

Disqualified Offenders:1. Imprisonment of > 6 years2. Convicted of subversion or any crime against national security / public order3. Previously convicted by final judgment of an offence punished by imprisonment ≥ 1 month and 1 day and/or a fine ≥ 2004.Once placed on probation5. Appealed (not apply to minor offenders; can apply for probation anytime)6. Convicted of Drug Trafficking/Pushing7. Convicted of Election Offenses

Period of ProbationImprisonment Probation≤ 1 year ≤ 1 year1 – 6 years ≤ 6 yearsSubsidiary imprisonment Twice the period

Arrest of persons on probation- court shall issue warrant for any serious violation of

the conditions of probation- once arrested, probationer shall be brought to court

for summary hearing on the violation charged- if violation is established, the court may revoke or

continue his probation- if revoked, probationer shall serve the sentence

originally imposed

Termination of probation – by court order- case deemed terminated- restoration of all civil rights- discharged from liability for fine

PD 532: Anti-Piracy and Anti-Highway Robbery Law- punishes as highway robbery or brigandage only acts of robbery perpetrated by outlaws indiscriminately against any person on Philippine highways

Piracy – attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment or the personal belongings of its complement or passengers by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters.

Highway Robbery/Brigandage – seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things , committed by any person on any Philippine Highway.

Acts Punishable PenaltiesPiracy RT med maxPiracy with physical injuries or other crimes

RP

Piracy with rape/murder/homicide

RP / LI

Piracy and the offenders:1. abandoned the victims without

RP / LI

means of saving themselves2. seized the vessel by firing upon or boarding itHighway Robbery / Brigandage RT minHighway Robbery / Brigandage with physical injuries or other crimes

RT med max

Highway Robbery / Brigandage with kidnapping for ransom or extortion, or murder or homicide, or rape

RP / LI

Accomplice is any person who:1. Knowingly aids or protects pirates or highway robbers / brigands2. Acquires or receives property taken3. Abets the commission directly or indirectly

PD 1612: Anti-Fencing Law

Fencing – act of any person who with intent to gain for himself or for another, shall deal with any item which he knows, or should have known, to have been derived from robbery or theft.

Presumption of Fencing: mere possession of any item which has been the subject of robbery or theft.Exception: Possession of Clearance or Permit to sell used second hand articles

Elements:1. Robbery or theft2. Accused (not a principal or accomplice) acquires or deals with an item 3. Knows or should have known that item derived from robbery/theft4. Intent to gain

Accessory in robbery theft may be prosecuted as such under RPC or principal under PD 1612.

BP 22: Bouncing Checks Law

Acts Punishable:1. Knowing at the time of issue that funds are insufficientElements:a. issues checkb. dishonored due to lack/insufficiency of funds or account closedc. written notice of dishonor and demand for payment (from payee)d. refuses or fails to pay within 5 banking days- it must be shown that accused knew of the insufficiency of funds at the time the check was issued2. Failure to keep sufficient funds for 90 daysElements:a. issues checkb. sufficient funds upon issuance of checkc. failure to keep sufficient funds if check is presented within 90 days from date appearing thereond. dishonore. refuses or fails to pay within 5 banking days

Issuing check whose payment is refused for insufficiency of funds when presented within 90 days from the date of the check – prima facie evidence of knowledge of insufficiency of funds.Exceptions:If maker or drawer (a) pays the holder within 5 banking days; (b) makes arrangements for payments within 5 banking days

5 days – make arrangements to pay90 days – maintain sufficient funds to destroy presumption of knowledge of insufficiency of funds180 days – if not enchased will make the check stale

payment of the check before filing of information – no criminal liabilitypayment of check after filing of information – not exonerate accused

RA 6539: Anti-Carnapping Act

Carnapping – taking with intent to gain, of 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.Elements:1. Actual taking2. Intent to gain3. Vehicle belongs to a person other than offender- it is not necessary that the person unlawfully divested of the property be the owner4. without consent of the owner, taking by means of violence against or intimidation of persons or force upon things

If the motor vehicle was not taken but was delivered by the owner or possessor to the offender who thereafter misappropriated it:1. Qualified Theft – material or physical possession given to offender2. Estafa - material and juridical possession given to offender