ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

(RA 9262, March 8, 2004)

I. PURPOSE (Sec. 2)

It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights

To protect the family and its members particularly women and children, from violence and threats to their personal safety and security

II. DEFINITION OF TERMS (Sec. 3)

VIOLENCE AGAINST WOMEN AND THEIR CHILDREN – 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. It includes, but is not limited to, the following acts:

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MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

(RA 8042)

I. PURPOSE

To institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes

II. DEFINITION OF TERMS (Sec. 3)

MIGRANT WORKER – a person who is to be engaged, is engaged or has been engaged in a renumerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker

OVERSEAS FILIPINOS – refers to dependents of migrant workers and other Filipino nationals abroad who are in distress

III. ILLEGAL RECRUITMENT (II)

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HUMAN SECURITY ACT

(RA 9372)

I. PURPOSE (Sec. 2)

To protect life, liberty, and property from acts of terrorism, to condemn terrorism as inimical and dangerous to the national security of the country and to the welfare of the people, and to make terrorism a crime against the Filipino people, against humanity, and against the law of nations

II. ACTS PUNISHED

A. TERRORISM (Sec. 3)

Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

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Primer on Bouncing Checks Law

BP 22, April 3, 1979

I.HOW VIOLATED

A.DRAWING CHECK WITHOUT SUFFICIENT FUNDS (Sec. 1)

1. A person makes or draws and issues any check
2. The check is made or drawn and issued to apply on account or for value
3. The person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment
4. The check is subsequently dishonoured by the drawee bank for insufficiency of funds or credit, or would have been dishonoured for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment

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Primer on Obstruction of Justice

PD 1829, Jan. 16, 1981

I.PURPOSE

To discourage public indifference or apathy towards the apprehension and prosecution of criminal offenders


II.ACTS PUNISHED (Sec. 1)

Any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

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Primer on Anti-Graft and Corrupt Practices Act

RA 3019, Aug. 17, 1960

I.PURPOSE (Sec. 1)

In line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.


II.DEFINITION OF TERMS (Sec. 2)

GOVERNMENT – includes the national government, the local governments, the government-owned and –controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches

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JUVENILE JUSTICE AND WELFARE ACT OF 2006 Primer

(RA 9344)

I. PURPOSE (Sec. 2)

1. The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
2. The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency.
3. The State likewise recognizes the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty and exploitation, and other conditions prejudicial to their development.
4. Pursuant to Article 40 of the United Nations Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, taking into account the child's age and desirability of promoting his/her reintegration. Whenever appropriate and desirable, the State shall adopt measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for, among others, a variety of disposition measures such as care, guidance and supervision orders, counseling, probation, foster care, education and vocational training programs and other alternatives to institutional care.
5. The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people, particularly the indigenous peoples and the Muslims, consistent with the protection of the rights of children belonging to these communities.
6. The State shall apply the principles of restorative justice in all its laws, policies and programs applicable to children in conflict with the law.

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ANTI-SEXUAL HARASSMENT ACT OF 1995 Primer

(RA 7877)

I. PURPOSE (Sec. 2)

The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

II. SEXUAL HARASSMENT, DEFINED (Sec. 3)

Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act

III. HOW COMMITTED

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ANTI-MONEY LAUNDERING ACT Primer

(RA 9160, Sept. 29, 2001)

I. PURPOSE (Sec. 2)

To protect and preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site for the proceeds of any unlawful activity

II. DEFINITIONS (Sec. 3)

COVERED INSTITUTIONS:

1. Banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by the BSP
2. Insurance companies and all other institutions supervised or regulated by the Insurance Commission; and
3. (i) securities dealers, brokers, salesmen, investment houses and other similar entities managing securities or rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close and investment companies, common trust funds, pre-need companies and other similar entities, (iii) foreign exchange corporations, money changers, money payment, remittance, and transfer companies and other similar entities, and (iv) other entities administering or otherwise dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised or regulated by Securities and Exchange Commission

COVERED TRANSACTIONS – a single, series, or combination of transactions involving a total amount in excess of 500,000 pesos or an equivalent amount in foreign currency based on the prevailing exchange rate within 5 consecutive banking days EXCEPT those between a covered institution and a person who, at the time of the transaction, was a properly identified client and the amount is commensurate with the business or financial capacity of the client; or those with an underlying legal or trade obligation, purpose, origin or economic justification

A single, series or combination or pattern of unusually large and complex transactions in excess of 500,000 pesos especially cash deposits and investments having no credible purpose or origin, underlying trade obligation or contract

TRANSACTION – any act establishing any right or obligation or giving rise to any contractual or legal relationship between the parties thereto; includes any movement of funds by any means with a covered institution

UNLAWFUL ACTIVITY:

1. Kidnapping for ransom
2. Secs. 3, 4, 5, 6, 7 and 9, Art. II of the Dangerous Drugs Act
3. Sec. 3, pars. B, C, E, G, H, and I of Anti-Graft and Corrupt Practices Act
4. Plunder
5. Robbery and extortion
6. Jueteng and Masiao as illegal gambling
7. Piracy on the high seas
8. Qualified theft
9. Swindling
10. Smuggling
11. Violations of the Electronic Commerce Act of 2000
12. Hijacking and other violations under RA 6235, destructive arson and murder, including those perpetrated by terrorists against non-combatant persons and similar targets
13. Fraudulent practices and other violations of the Securities Regulation Code of 2000
14. Felonies or offenses of a similar nature that are punishable under the penal laws of other countries

III. ACTS PUNISHED

A. MONEY LAUNDERING (Sec. 4)
A crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources, by:

1. Any person knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property
2. Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering
3. Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so

B. FAILURE TO KEEP RECORDS (Sec. 9(b))

C. MALICIOUS REPORTING (Sec. 14(c))

Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money laundering transaction against any person; probation not allowed

Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify

D. BREACH OF CONFIDENTIALITY (Sec. 14(d))

IV. JURISDICTION (Sec. 5)

RTC – ordinary persons

Sandiganbayan – offenders who are public officers

V. PREVENTION OF MONEY LAUNDERING (Sec. 9)

Covered institutions are required to:

A. CUSTOMER IDENTIFICATION

Establish and record the true identity of its clients based on official documents

B. RECORD KEEPING

Maintain and safely store all records of all transactions for 5 years from the date of transactions. With respect to closed accounts, the records on customer identification, account files and business correspondence, shall be preserved and safely stored for at least 5 years from the dates when they were closed

C. REPORTING OF COVERED TRANSACTIONS

Report to the AMLC all covered transactions within 5 working days from occurrence thereof, unless the Supervising Authority concerned prescribes a longer period not exceeding 10 working days

VI. AUTHORITY TO FREEZE (Sec. 10)

A. FREEZE ORDER:

Upon determination of probable cause that any deposit or similar account is in any way related to an unlawful activity, AMLC may issue a freeze order, which shall be effective immediately, on the account for a period not exceeding 15 days (extendible upon order of court, tolled pending decision)

B. NOTICE TO DEPOSITOR:

Depositor shall be notified simultaneously with the issuance of freeze order and he has 72 hours upon receipt of notice to explain why the freeze order should be lifted

C. AMLC has 72 hours to dispose of the depositor’s explanation (automatically dissolve the freeze order)

D. TRO or writ of injunction not allowed to issue against any freeze order, EXCEPT CA or SC

VII. AUTHORITY TO INQUIRE INTO BANK DEPOSITS (Sec. 11)

Exception to Secrecy of Bank Deposits Act (RA 1405), RA 6426 and RA 8791 and other laws

AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution upon order of any competent court in cases of violation of this Act when it has been established that there is probable cause that the deposits or investments involved are in any way related to a money laundering offense

VIII. FORFEITURE (Sec. 12)

A. CIVIL FORFEITURE

When there is a covered transaction report made, and the court has, in a petition filed for the purpose ordered seizure of any monetary instrument or property, in whole or in part, directly or indirectly, related to said report, the Revised Rules of Court on civil forfeiture shall apply

B. CLAIM ON FORFEITED ASSETS

The offender or any other person claiming an interest in forfeited monetary instrument or property may apply, by verified petition, for a declaration that the same legitimately belongs to him and for segregation or exclusion of the monetary instrument or property corresponding thereto (within 15 days from date of order of forfeiture)

C. PAYMENT IN LIEU OF FORFEITURE

Instead of enforcing the forfeiture order, the court may order the convicted offender to pay an amount equal to the value of said monetary instrument or property, if:

1. Any particular monetary instrument or property cannot, with due diligence, be located
2. It has been substantially altered, destroyed, diminished in value or otherwise rendered worthless by any act or omission, directly or indirectly, attributable to the offender
3. It has been concealed, removed, converted or otherwise transferred to prevent the same from being found or to avoid forfeiture thereof
4. It is located outside the Philippines or has been placed or brought outside the jurisdiction of the court
5. It has been commingled with other monetary instruments or property belonging to either the offender himself or a third person or entity, thereby rendering the same difficult to identify or be segregated for purposes of forfeiture

IX. PROHIBITIONS AGAINST POLITICAL HARASSMENT (Sec. 16)

No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the prejudice of a candidate for an electoral office during an election office

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Primer on Anti-Trafficking in Persons Act of 2003

RA 9208, May 26, 2003

I. PURPOSE (Sec. 2)

To recognize the equal rights and inherent human dignity of women and men as enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families. United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory

II. DEFINITION OF TERMS (Sec. 3)

TRAFFICKING IN PERSONS - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.

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Primer on Anti-Plunder Law

Anti-Plunder Law (RA 7080)

I. DEFINITION OF TERMS (Sec. 1)

ILL-GOTTEN WEALTH - Any asset, property, business enterprise or material possession of any person within the purview of Section 2 hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes...

II. ACTS PUNISHED

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Anti-Fencing Law Primer

PD 1612, March 2, 1979

I. PURPOSE

To impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft.

II. DEFINITION OF TERMS (Sec. 2)

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 be known to him, to have been derived from the proceeds of the crime of robbery or theft

FENCE – includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing

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Probation Law Primer

PD 968, as amended by PD 1257, BP 76 and PD 1990

PROBATION – a disposition under which a defendant, after conviction and sentence, is released, subject to the conditions imposed by the court and to the supervision of a probation officer

I. PURPOSE

• Promote the correction and rehabilitation of an offender by providing him with individualized treatment;
• Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and
• Prevent the commission of offenses.

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Indeterminate Sentence Law Primer

RA No. 4103, Dec. 5, 1933

- Instead of imposing a “straight” penalty, the court must determine two penalties (maximum and minimum)

I. PURPOSE

To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of liberty and economic usefulness. Penalties shall not be standardized but fitted as far as is possible to the individual, with due regard to the imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109).

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R.A. No. 8294 -- Illegal Possession of Firearm

Started with R.A. No. 54. The penalty was only arresto mayor. During his regime, Pres. Marcos ammended it by passing P.D. 1866.

The decree set the new penalty from arresto mayor to reclusion temporal in its maximum period (17 yrs. and 1 day - 20 yrs.) to reclusion perpetua (20 yrs. and 1 day - 40 yrs.). Furthermore, if the unlicensed firearm was used in the commission of the crime of murder or homicide, penalty is death.

The offender, however, could be tried for both crimes - Illegal Possession of Firearm and Murder/Homicide - and still it would not constitute double jeopardy. There was also no distinction made as to the caliber of the weapon. Whether it is .22, .35, .45, high-caliber or low-caliber, the penalty is the same RT max to RP.

Robin Padilla was sentenced to 17 yrs. and 1 day to 21 yrs. The Indeterminate Sentence Law did not apply so no possibility of parole. No probation either, and no mitigating circumstance, not even if the offender pleaded "guilty."

Q: If the firearm was licensed but the same is already expired?
A: It is the same as possessing an unlicensed firearm.

Q: How is a firearm obtained?
A: File an application at the Firearms and Explosives Office. If you are a member of the police force, you already have the "privilege" to carry a firearm. There are two separate licenses, one for the purpose of keeping a licensed firearm at home and one for carrying it outside. The order required for the latter is often termed as the "mission order."

Q: If your licensed firearm is only for home use and you are caught carrying it outside, are you liable under this law?
A: Yes, you're liable for carrying a firearm without authority.

Q: Can Illegal Possession of Firearms be complexed by Murder or Homicide?
A: In the case of People v. Barros, Justice Laurence Regalado said that under P.D. 1866, two kinds of crimes could be charged -- that of Illegal Possession of Firearm and Murder or Homicide. It would not constitute double jeopardy. However, if the law already punishes the act (Murder or Homicide) with death, the highest penalty under the law, it would be useless to punish the accused by another penalty for the other crime, which is Illegal Possession. The Supreme Court thus ruled, en banc, that there is only one crime - that of Murder or Homicide aggravated with the use of unlicensed firearm.

Later on, in a separate case of People v. Quijado, Justice Davide overturned Justice Regalado's ruling, by stating that the two crimes are under two separate laws. Murder or Homicide is governed by the Revised Penal Code while Illegal Possession is under Special Penal Laws. One crime cannot be absorbed into the other because the two are distinct and separate from each other. Besides, one is not barred from making two separate charges.

The issue became moot when Congress passed R.A. 8294.

Under the new law, several new distinctions were made, including the caliber of the weapon. For low-powered weapons, the penalty is only prision correccional (6 mos. and 1 day - 6 yrs.), which means that the offender can avail of the benefits of probation. If it is a high-powered gun, the measurement of the ring exceeds 9mm, the penalty is prision mayor (6 yrs. and 1 day - 12 yrs.).

Q: Are air rifles covered under this law?
A: There are air rifles that can be converted into .22 caliber rifles, in which case, it is covered under the law.

Q: Under the new law, are there still two separate crimes of Murder or Homicide and Illegal Possession?
A: No. R.A. No. 8294 provides that if the unlicensed firearm is used in the commission of any of the acts under the Revised Penal Code or special laws, possession is considered as an aggravated circumstance. The crime therefore is Murder or Homicide aggravated with the use of unlicensed firearm, and the penalty is death.

Q: The firearm is licensed but you are not the owner. Liable?
A: Yes, because the holder of the license is only the owner of the firearm.

Q: Security guards do not apply for license. Are they liable?
A: Not liable if the agency has a license. What the security guard holds, therefore, is not the actual license but an authority from the agency that he works for and that has a license. The rule is that these firearms are restricted to the designated posts of the guards. They could not be brought home. Otherwise, it would constitute a violation of the law. This is true even if the guard did not intend to bring home the gun. Under the Special Penal Laws, intention is immaterial.

Q: There are instances where the agency will only secure licenses for three guns and then go ahead and distribute six guns to six different guards, changing only the serial numbers of each gun to match the serial numbers in the licenses. Who is liable - the agency or the security gun?
A: A distinction must be made. If the security guard is aware that he is carrying an unlicensed firearm, then he can be charged with the crime. If not, the other two possible offenders are the owner of the company or the manager of the agency.

An employee is entitled to assume that his employer had the requisite license to possess the firearm.

Q: How many guns is a person allowed?
A: Usually two - one long caliber and one short. Long caliber weapons are usually just issued to the military.

Q: Who issues the license?
A: Only the President has the authority to issue a license, but his power is delegated to the Chief of the PNP. If your license was not issued by the PNP Chief, then that license is invalid.

NOTA BENE:

There is no such thing as a complex crime of Illegal Possession of Firearm with Homicide.

There is only one crime, but aggravated (Justice Regalado's ruling).

If you are a member of a gun club, the club will be the one who will process everything for you and you will only receive the gun.

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