You are on page 1of 13

BP 22 (Bouncing Check Law) 1. A person makes or draws and issues any check; 2.

The check is made or drawn and issued to apply on account of for value: a. on account for the payment of a pre-existing obligation; b. for value - in payment of an obligation contracted at the time of issuance of the check 3. The person who makes or draws and issues 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: a. Subsequently dishonored by the drawee bank for insufficiency of funds or credit, or b. Would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment.

The Human Security Act of 2007 (An Act to Secure the State and Protect Our People from Terrorism) Elements: 1. That a person commits an act punishable under any of the following a. Revised Penal Code Provisions: i. Article 122 Piracy in General and Mutiny in the High Seas or in Philippine Waters ii. Article 134 Rebellion or Insurrection iii. Article 134-A Coup dEtat, including acts committed by private persons iv. Article 248 Murder v. Article 267 Kidnapping and Serious Illegal Detention vi. Article 324 Crimes Involving Destruction b. Special Laws: i. PD 1613 The Law on Arson ii. RA 6969 Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 iii. RA 5207 Atomic Energy Regulatory and Liability Act of 1968 iv. RA 6235 Anti-Hijacking Law v. PD 532 Anti-Pircy and Anti-Highway Robbery Law of 1974 vi. PD 1866, as amended Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives 2. That the act sows and creates a condition of widespread and extraordinary fear and panic among the populace 3. That the act was committed in order to coerce the government to give in to an unlawful demand

RA 8294 - ILLEGAL POSSESION OF FIREARMS Elements of Illegal Possession of Firearms 1. Existence of the subject firearm 2. The fact that the accused who owned or possessed it does not have the license or permit to possess the same (This offense covers firearms which are unlicensed, have an expired license, have license but belong to another person and those which are licensed but the offender does not have a permit to carry said firearm.) OTHER ACTS PUNISHED: Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition Tampering of firearm's serial number Repacking or altering the composition of lawfully manufactured explosives

Two ways or modes of committing hijacking. 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. Elements: a. That a person either (a) compels a change in the course or destination of an aircraft or (b) seizes or usurps the control thereof. b. The aircraft is in flight. c. The aircraft is of Philippine registry. 2. It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is in the said territory. Elements: a. That a person either (a) compels an aircraft to land in Philippine territory or (b) seizes or usurps the control thereof. b. The aircraft is within the Philippine territory. c. The aircraft is of foreign registry.

For Fencing(PD 1612) 1. A crime of robbery or theft has been committed;

2. The accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime; 3. The accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft; and 4. There is on the part of the accused, intent to gain for himself or for another

PD 532 Acts punished: 1. 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 persons or force upon things or other unlawful means, committed by any person on any Philippine highway (brigandage proper) 2. (a) aiding, abetting, protecting band of brigands (b) giving information as to the movements of the police (c) acquiring or receiving property taken by such brigands

Elements (Art 306 v PD532): *removed requirement for number of offenders, i.e. one (1) malefactor will suffice (so elements # 1 & 2 of Art. 306 not required anymore) 1. That their purpose is any of the following a.To commit robbery in the highway b.To kidnap persons for the purpose of extortion or to obtain ransom c.To attain by means of force or violence any other purpose

RA 6713Code of conduct and Ethical Standards for Public Officials and Employees Sec. 7 Prohibited Acts and Transactions

a) Financial and Material Interest: no financial/material interest in any transaction requiring the approval of their office b) Outside employment: officials shall not 1) Own, control, manage or accept employment in any private enterprise regulated/supervised/licensed by their office unless expressly allowed by law 2) Engaged in private practice of their profession unless authorized by law 3) Recommend any person to any position w/c has a regular or pending official transaction w/ govt

CARNAPPING 1 . That there is an actual taking of the vehicle;

2. That the offender intends to gain from the taking of the vehicle;

3. That the vehicle belongs to a person other than the offender himself; ... 4. That the taking is without the consent of the owner thereof; or that the taking was committed by means of violence against or intimidation of persons, or by using force upon things

RA 7610 Acts punished: 1. Child prostitution and other sexual abuse 2. Child trafficking 3. Obscene publications and indecent shows 4. Other acts of child abuse 5. Circumstances which threaten or endanger the survival and normal development of children

SYNDICATED ESTAFA (PD 1689) 1. estafa or other forms of swindling as defined in Articles 315 and 316 of the Revised Penal Code is committed; 2. the estafa or swindling is committed by a syndicate, and 3. defraudation results in the misappropriation of moneys contributed by stockholders, or members of rural banks, cooperatives, "samahang nayon(s)," or farmers associations, or of funds solicited by corporations/associations from the general public

PD 749 (Granting Immunity to Bribe-Givers) Elements to be Granted Immunity from Prosecution 1. The bribe- or gift-giver: a. Voluntarily discloses the transaction he had with the public officer constituting direct or indirect bribery, or any other corrupt transaction; and b. Willingly testifies against the public officer involved in the case to be filed against that public officer 2. Public official has violated any of the following: a. Article 210: Direct Bribery b. Article 211: Indirect Bribery c. Article 212: Corruption of public officials d. RA 3019: Anti-Graft and Corrupt Practices Act e. Section 345 of the Internal Revenue Code f. Section 3064 of the Tariff and Customs Code g. other laws, rules and regulations punishing acts of graft, corruption and other forms of official abuse a catch-all phrase to include other acts of official abuse that do not constitute violations of any of the aforementioned offenses 3. The information or testimony must meet the following conditions: a. Must refer to consummated bribery b. It is necessary for the proper conviction of the public officer involved

c. It is not yet in the possession of, or known to, the government d. It can be corroborated on its material points e. Informant/witness has not been previously convicted for a crime involving moral turpitude

RA 7438 Delay in the Delivery of Detained Persons (yun part na related sa Art 125 lang kasi puro custodial investigation na yun iba) Any waiver of Article 125 of the Revised Penal code shall be (Sec. 2 (e)) a. In writing b. Signed by such person in the presence of his counsel c. Oherwise such waiver shall be null and void and of no effect.

wiretapping ACTS PUNISHED (elements given also) 1. Any person who without authority from all the parties to the private communication or spoken word does any of the following acts: a. to tap any wire, OR b. to secretly overhear or intercept such communica...tion or spoken word by using any other device or arrangement, OR c. to record such private communication or spoken word by using a device commonly known as dictaphone or walkie-talkie or tape recorder or however otherwise described. (Sec. 1, para. 1) 2. Any person, whether participant or not in the above penalized acts, who a. knowingly possesses any tape record, wire record, disk record or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act on the manner prohibited by law; OR b. replays the same for any other person; OR c. communicates the contents thereof, either verbally or in writing; OR

d. to furnish transcriptions thereof, whether complete or partial to any other person. (Sec. 1, para. 2) 3. Any person who shall aid, permit, or cause to be done any of the acts declared to be unlawful. (Sec. 2) 4. Any person who a. shall violate the provisions of Section on the proper procedure for securing and implementing a court order authorizing the wiretapping of a private communication, OR b. aids, permits or causes such violations. (Sec. 2)

PLUNDER 1. Offense commited by a public officer by himself or in conivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten we...alth. 2. He acquires such wealth through a combination or pattern of any of the following means. a. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; b. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; c. By the illegal or fraudulent conveyance or disposition of assets belonging to the National government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; d. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking; e. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or f. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.

3. That the aggregate amount of the ill-gotten wealth amounts to P 50,000,000

PD 46 Acts Punished: When such gift, present or valuable thing is given by reason of the public officers office or position, regardless of whether or not same is given for past favor or giver hopes or expect to receive a for or better treatment ...in the future from the public officer in the discharge of his office, it is prohibited: 1. For Public Officials to receive, directly or indirectly any gift, present or other valuable thing on any occasion including Christmas 2. For Private Persons to give or offer to give such gift, present or valuable thing; included in this prohibition is the throwing of parties or entertainments in honor of the official or his immediate relatives

Penalty: - For both public officer and private persons: o Imprisonment for not less than ONE (1) year, nor more than FIVE (5) years o Perpetual disqualification from public office - For the public officer: o Administrative disciplinary action o If guilty: suspension or removal depending on the seriousness of the offense

PD 46 vs. Indirect Bribery: - The same acts are punished - However under PD 46, this offense becomes Malum Prohibitum o It is easier to charge as intent is not needed to be proved; it is sufficient that the receiver is a public officer

Republic Act No. 7832

Title: Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994

Acts Punished: ... I. Illegal Use of Electricity

A. Elements (Section 2)

1. Offender is any person, whether natural or juridical, public or private 2. Offender does any of the following acts: a. Tap, make or cause to be made any connection with overhead lines, service drops, or other electric service wires, without previous authority or consent of the private electric utility or rural electric cooperative concerned; b. Tap, make or cause to be made any connection to the existing electric service facilities of any duly registered consumer without the latter's or the electric utility's consent or authority; c. Tamper, install or use a tampered electrical meter, jumper, current reversing transformer, shorting or shunting wire, loop connection or any other device which interferes with the proper or accurate registry or metering of electric current or otherwise results in its diversion in a manner whereby electricity is stolen or wasted; d. Damage or destroy an electric meter, equipment, wire or conduit or allow any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electric current; e. Knowingly use or receive the direct benefit of electric service obtained through any of the acts mentioned in subsections (a), (b), (c), and (d)

II. Theft of Electric Power Transmission Lines and Materials

A. Definition of Electric Power Transmission Lines (Section 3):

- electric power transmission steel towers, woodpoles, cables, wires, insulators, line hardwares, electrical conductors and other related items with a minimum voltage of sixtynine kilovolts (69 kv), such as the following: (1) Steel transmission line towers made of galvanized steel angular members and plates or creosoted and/or lannelized woodpoles/ concrete poles and designed to carry and support the conductors; (2) Aluminum conductor steel reinforced (ACSR) in excess of one hundred (100) MCM; (3) Overhead ground wires made of 7 strands of galvanized steel wires, 3.08 millimeters in diameter and designed to protect the electrical conductors from lightning strikes; (4) Insulators made of porcelain or glass shell and designed to insulate the electrical conductors from steel towers or woodpoles; and (5) Various transmission line hardwares and materials made of aluminum alloy or malleable steel and designed to interconnect the towers, conductors, ground wires, and insulators mentioned in subparagraphs (1), (2), (3), and (4) above for the safe and reliable operation of the transmission lines.

B. Elements (Section 3)

1. Offender is any person 2. Offender does any of the following acts a. Cut, saw, slice, separate, split, severe, smelt, or remove any electric power transmission line/material or meter from a tower, pole, or any other installation or place of installation or any other place or site where it may be rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or located, without the consent of the owner, whether or not the act is done for profit or gain; b. Take, carry away or remove or transfer, with or without the use of a motor vehicle or other means of conveyance, any electric power transmission line/material or meter from a tower, pole, any other installation or place of installation, or any place or site where it may be rightfully or lawfully stored, deposited, kept, stocked, inventoried, situated or located without the consent of the owner, whether or not the act is done for profit or gain; c. Store, possess or otherwise keep in his premises, custody or control, any electric power transmission line/material or meter without the consent of the owner, whether or not the act is done for profit or gain; and

Load, carry, ship or move from one place to another, whether by land, air or sea, any electrical power transmission line/material, whether or not the act is done for profit or gain, without first securing a clearance/permit for the said purpose from its owner or the National Power Corporation (NPC) or its regional office concerned, as the case may be

ANTI-GRAFT AND CORRUPT PRACTICES ACT


I. ELEMENTS Section 2: (a) That persons liable are a. The public officer who i. persuades, induces or influences another public officer to perform an act constituting a violation of rules and regulations or an offense in connection with the official duties of the latter b. The pubic officer who i. allows himself to be so persuaded, induced or influenced (b) That the person liable a. Is the public officer who in his official capacity i. Has to intervene under the law in any contract or transaction between the Government and any other party o The act constituting the crime is directly and indirectly, requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with that contract or transaction (c) That the person liable a. Is the public officer who i. In any matter or capacity, has secured or obtained, or will secure or obtain, any Government permit or license for another person. o The act constituting the crime is directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another in consideration for the help given or to be given. (d) That the person liable a. Is a public officer i. who had or has pending official business with a private enterprise. o The act constituting the crime is accepting or having any member of his family accept employment in that private enterprise (1) during the pendency of the official business with him or (2) within one year after its termination. (e) That the person liable a. Is the public officer i. Who acted in manifest partiality, evident bad faith, or gross inexcusable negligence o The act constituting the crime is causing undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of the official administrative or judicial functions of the offending public officer. (f) The act constituting the crime is neglecting or refusing, after due demand or requet, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or

(g)

o (h)

o (i)

(j)

(k)

advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. The person liable a. Is any public officer i. Who has the duty under the law to enter, on behalf of the Government into any contract or transaction with any person The act constituting the crime is entering into such contract or transaction manifestly and grossly disadvantages to the Government That the person lliable a. Is any public officer who i. Intervenes or takes part in his official capacity in any business, contract or transaction, or any public officer who is prohibited by the Constitution or by any law from having any interest. The act constituting the crime is directly and indirectly having financial or pecuniary interest in that business, contract or transaction. That the person liable a. Is any public officer who i. Is a member of a board, pane or group which exercises in any transaction or act requiring the approval of such board, panel or group. ii. The public officer is liable even if he votes against the same or does not participate in the action of the board, committee, panel or group. iii. The public officers responsible for the approval of manifestly unlawful, inequitable or irregular transactions or acts by the board, panel or group to which they belong are presumed to have acquired interest for personal gain. That the person liable a. Is the public officer who i. Has the duty of approving or granting any license, permit, privilege or benefit. The act constituting the crime is knowingly approving or granting the license, permit or benefit in favor of any person not qualified for or not legally entitled to such license, permit or privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. The the person liable a. Is any public officer who i. On account of his official position, or whose office, acquired valuable information of a confidential character The acts constituting the crime are (1) divulging such valuable information to authorized persons, or (2) releasing such information in advance of its authorized release date.

II.

Other acts punishable

PROHIBITION ON PRIVATE INDIVIDUALS Section 4 a) Unlawful to take advantage of personal relation with public official by directly or indirectly requesting or receiving any present, gift or material advantage from any other person having some business or transaction in which public official has to intervene. 1. Family relation: spouse, relatives by consanguinity or affinity in 3rd civil degree 2. Close personal relation: close personal friendship, social and fraternal connections, professional employment b) Unlawful to induce public official to commit any of offenses in Sec. 3

PROHIBITION ON CERTAIN RELATIVES Section 5 Unlawful to intervene directly or indirectly in any business, transaction, contract or application with Government of: 3. Spouse 4. Any relative by consanguinity or affinity within 3rd civil degree b. Of PRESIDENT, VP, Speaker of the House, Senate President Exceptions: 1) Any person who, prior to the assumption of office of the official, has been already dealing with Government 2) Any application filed by him, the approval of which is not discretionary on the part of official but upon compliance with the requisites provide by law 3) Any act lawfully performed in an official capacity or in the exercise of a profession

You might also like