Commonly-Violated Special Laws2

Course Title : Criminal Investigation Course

Learning Goal:

At the end of this block of instruction, the students will be able to know the needed documents and vital evidence which shall be incorporated in the preparation for an air-tight investigation, subsequent filing of the case in court and eventual conviction of the suspect. Training Objectives:

At the end of this lesson, the students will be able to:

a. To know the punishable acts and the corresponding penalties for such offense.b. To educate the students on the proper filing of case in court and the eventual conviction of the offender.c. To impart to the students the effective mechanism and measures to be undertaken in the conduct of a thorough investigation case.

Rationale of the Training:

a. To be attuned to the existing laws and jurisprudence, specifically in special laws.b. Faithfully observe the rule of law and to make our police force accountable for the rights of the victims, other individuals as well as that of the suspects.

c. To reform our investigators in respect to the procedures, rules and methods to be observed during the conduct of an investigation, preparing the needed documents and the subsequent filing of charges before the courts.

d. Providing the investigators the appropriate tools and strengthening crime research to support more effective crime management investigation.

ANTI-PIRACY &ANTI-HIGHWAYROBBERY LAW

(P.D. No. 532)

ANTI-PIRACY ANDANTI-HIGHWAY ROBBERY LAW

(P.D. No. 532)

Section 1. - Title. - This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974.

Section 2. - Definition of Terms. - The following shall mean and shall be understood , as follows:

a. Philippine Waters. - refers to all bodies of water, such as but not limited to seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.

b. Vessel. - Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. It includes a all kinds and types of vessels or boats used in fishing.

PD 532 . . . (continued)

c. Philippine Highway. - refers to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both.

d. Piracy. - any 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, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including passenger or member of the complement of said vessel, in Philippine waters. The offenders shall be considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. - is the 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.


Section 3. Penalties. - Any person who commits piracy or highway robbery. Brigandage as herein defined, shall, upon conviction by competent court be punished by:

a. Piracy. - Reclusion temporal in its medium and maximum periods. But if physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.

b. Highway Robbery/ Brigandage. - Reclusion temporal in its minimum period shall be imposed. But if physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed.


Section 4. Aiding pirates or highway robbers/ brigands or abetting piracy or highway robbery/ brigandage. - Any person who knowingly and in any manner aids or protects pirates or highway robbers, brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage shall be considered as an accomplice of the principal offenders and be punished in accordance with the rules prescribed in the Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in this Section has performed them knowingly, unless the contrary is proven.

Section 5. Repealing Clause. - Pertinent provisions of the Revised Penal Code and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent with this Decree are hereby repealed or modified accordingly.

Section 6. Effectivity. - This Decree shall take effect upon approval.

City of Manila, 8th day of August, 1974.


I. Piracy within Philippine Waters (PD 532)

ELEMENTS:1. a) Any attack or seizure of any vessel, b) or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers;2. Irrespective of the value thereof;3. By means of violence against or intimidation of persons or force upon things; and4. Committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters.

II. Highway Robbery/ Brigandage (PD 532)The 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.


RELATED TOPIC: Brigandage

Art. 306 (RPC). Who are brigands - Penalty. - When more than 3 armed persons form a band of robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extortion or to obtain ransom or for any other purpose to be attained by means of force and violence, shall be deemed highway robbers or brigands.

Any person found guilty of this offense shall be punished by prision mayor in its medium period to reclusion temporal in its minimum period, if the act or acts committed by them are not punishable by higher penalties, in which case they shall suffer such high penalties.

If any of the arms carried by any of the said persons be an unlicensed firearm, it shall be presumed that said persons are highway robbers or brigands, and in case of conviction, the penalty shall be imposed in the maximum period.


Brigandage (RPC)

ELEMENTS:1. There are at least 4 armed persons;2. They form a band of robbers; and3. The purpose is any of the following: a) commit robbery in the highway; b) kidnap persons for the purpose of extortion or to obtain ransom; or c) for any other purpose to be attained by means of force and violence.

Main object of the law is to prevent formation of band of robbers.


The only things to prove in Brigandage (RPC) are:

1. That there is an organization of more than 3 armed persons forming a band of robbers;

2. That the purpose of the band is any of those enumerated in Art. 306;3. That they went upon the highway or roamed upon the country for that purpose; and4. That the accused is a member of such band.

Brigandage under the RPC (Art. 306) may be committed without the use of firearms. The term “armed” as used in the first paragraph of Art. 306 covers arms and weapons in general, not necessarily firearms. (Pp vs. De la Rosa, et.al., C.A., 49 O.G. 2863)

If any of the arms carried by any of said persons were unlicensed firearms, it shall be presumed that said persons are highway robbers or brigands, and in case of convictions the penalty shall be imposed in the maximum period.


Piracy under PD 532 Piracy under RPC (Art. 122)

committed only within Philippine territorial waters.

committed aboard a vessel in the high seas or Philippine waters.

even passengers and members of the complement can commit it.

can only be committed by outsiders, not member of the complement or passengers.

Robbery on the high seas

Piracy

the offender is a member of the complement or a passenger of the vessel.

the offender is an outsider


Brigandage (Art. 306) Robbery In Band (Art. 296)

Purpose is to: a) commit robbery in highway; b) kidnappers for ransom; c) other purpose to be attained by means of force or violence.

only to commit robbery, and not necessarily in the highway.

agreement is to commit several robberies.

only a particular robbery.

mere formation is punished. actual commission of robbery is necessary.

Robbery committed in a highway

Highway Robbery (PD 532)

there is a specific victim. no specific victim.


RPC (Art. 306) PD 532 mere formation of band is punishable.

prohibited act must be committed.

there must be 4 or more malefactors.

even one malefactor will suffice.

there is no preconceived victim. (indiscriminate victimization)

there is no preconceived victim. (indiscriminate victimization)

those who profit from the loot are liable under Art. 307 of “aiding and abetting a band of brigands” or as principal offenders for fencing.

those who abet brigandage are accomplices.

ILLEGAL POSSESSIONOF FIREARMS

(P.D. 1866, as amended)

PRESIDENTIAL DECREE No. 1866, as amended

by R.A. No. 8294 & R.A. No. 9516(Codifying the Laws on Illegal Possession,

Manufacture, Dealing in, Acquisition, Disposition or Importation of Firearms, Ammunition or Explosives,

or Instruments Used in the Manufacture Thereof)

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of FA or Ammunition or Instruments in the manufacture thereof. (as amended by R.A. 8294) -

The penalty of prision correccional in its maximum period and a fine of not less than P15,000 shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose or possess any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, that no other crime was committed.

PD 1866, as amended

Section 1 . . . (continued)

The penalty of prision mayor in its minimum period and a fine of P30,000 shall be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no other crime was committed by the person arrested.

If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance.

If the violation of this Section is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d’etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, sedition, or attempted coup d’etat.

PD 1866, as amended


The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm to be used by any person found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment.

The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside of his residence without legal authority therefor.

PD 1866, as amended. . . (continued)

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition. (un-amended by RA 8294)). -

The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.

PD 1866, as amended . . . (continued)

Section 3. Unlawful Manufacture, Sale, Acquisition, Disposition, Importation or Possession of Explosive of Incendiary Device (as further amended by RA 9516 [Dec. 22, 2008]). -

The penalty of Reclusion perpetua shall be imposed upon any person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any explosive or incendiary device, with knowledge of its existence and its explosive of incendiary character, where the explosive or incendiary device is capable of producing destructive effect on contiguous objects or causing injury or death to any person, including but not limited to, hand grenade(s), rifle grenade(s), “pillbox bomb”, “molotov cocktail bomb”, “fire bomb”, and other similar explosive and incendiary devices.

Provided, That mere possession of any explosive or incendiary device shall be prima facie evidence that the person had knowledge of the existence and the explosive or incendiary character of the device.



Provided, however, That a temporary, incidental, casual, harmless or transient possession or control of any explosive or incendiary device, without the knowledge of its existence or its explosive or incendiary character, shall not be a violation of this Section.

Provided, further, That the temporary, incidental, casual, harmless, or transient possession or control of any explosive or incendiary device for the sole purpose of surrendering it to the proper authorities shall not be a violation of this Section.

Provided, finally, That in addition to the instances provided in the two (2) immediately preceding paragraphs, the court may determine the absence of the intent to possess, otherwise referred to as “animus possidendi”, in accordance with the facts and circumstances of each case and the application of other pertinent laws, among other things, Articles 11 and 12 of the RPC, as amended.


Section 3-A. Unlawful Manufacture, Sale, Acquisition, Disposition, Importation or Possession of a Part, Ingredient, Machinery, Tool or Instrument Used or Intended to be Used for the Manufacture, Construction, Assembly, Delivery or Detonation (as further amended by RA 9516).

The penalty of reclusion perpetua shall be imposed upon any

person who shall willfully and unlawfully manufacture, assemble, deal in, acquire, dispose, import or possess any part, ingredient, machinery, tool or instrument of any explosive or incendiary device, whether chemical, mechanical, electronic, electrical or otherwise, used or intended to be used by that person for its manufacture, construction, assembly, delivery or detonation, where the explosive or incendiary device is capable or is intended to be made capable of producing destructive effect on contiguous objects or causing injury or death to any person.

PD 1866, as amended

Section 3-A . . . (continued)

Provided, That mere possession of any part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, by any person whose business activity or employment does not lawfully deal with the possession of such article shall be prima facie evidence that such article is intended to be sued by that person in the unlawful/illegal manufacture, construction, assembly, delivery or detonation of an explosive or incendiary device.

Provided, however, That a temporary, incidental, casual, harmless or transient possession or control of any part, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, without the knowledge of its existence or character as part, ingredient, machinery, tool or instrument directly used in the manufacture, construction, assembly, delivery or detonation of any explosive or incendiary device, shall not be a violation of this Section. x x x.


Section 3-B. Penalty for the Owner, President, Manager, Director or Other Responsible Officer of Any Public or Private Firm, Company, Corporation or Entity (as further amended / inserted by RA 9516)

The penalty of reclusion perpetua shall be imposed upon the owner, president, manager, director or other responsible officer of any

public or private firm, company, corporation or entity who shall willfully or knowingly allow any explosive or incendiary device or parts thereof owned and controlled by such firm to be used by any person found guilty of violating the provisions of the preceding paragraphs.


Section 3-C. Relationship of Other Crimes with a Violation of this Decree and the Penalty Therefor (as further amended / inserted by RA 9516)

When a violation of Section 3, 3-A or 3-B of this Decree is a necessary means for committing any of the crimes defined in the Revised Penal Code or special laws, or is in furtherance of, incident to, in connection with, by reason of, or on occasion of any of the crimes defined in the RPC or special laws, the penalty of reclusion perpetua and a fine ranging from P100,000 to P1.0M shall be imposed.


Section 3-D. Former Conviction or Acquittal; Double Jeopardy. (as further amended / inserted by RA 9516)

Subject to the provisions of the Rules of Court on double jeopardy, if the application thereof is more favorable to the accused, the conviction or `acquittal of the accused or the dismissal of the case for violation of this Decree shall be a bar to another prosecution of the same accused for any offense where the violation of this Decree was a necessary means for committing the offense or in furtherance of which, incident to which, in connection with which the violation of this Decree was committed, and vice versa.


Section 4. Responsibility and Liability of Law Enforcement Agencies and Other Government Officials and Employees in Testifying as Prosecution Witnesses (as further amended / inserted by RA 9516)

Any member of the law enforcement agencies who, after due notice, fails or refuses, intentionally or negligently, to appear as a

witness for the prosecution of the offense penalized in this Decree, without any valid reason, shall be punished with reclusion temporal and a fine of P500,000 in addition to administrative liability.

The immediate superior of the law enforcer witness shall be penalized with prision correccional and a fine of not less than P10,000 but not more than P50,000 and in addition, perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court.

The law enforcer witness shall not be transferred or reassigned to any other government office located in another territorial jurisdiction during the pendency of the case in court, except for compelling reasons: Provided, the immediate superior shall notify the court about the reassignment within 24 hours from approval of the reassignment. ..


Section 4-A. Criminal Liability for Planting Evidence. (as further amended / inserted by RA 9516)

Any person who is found guilty of “planting” any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or incendiary device shall suffer the penalty of reclusion perpetua.

Section 4-B. Continuous Trial.Section 4-C. Authority to Import, Sell or Possess Chemicals or Accessories for Explosives. (as further amended by RA 9516) x x x Section 5. Repealing ClauseSection 6. Effectivity.

PD 1866, as amended . . .(continued)

Section 5. Tampering of Firearm’s Serial Number (as further amended by RA 8294). -

The penalty of prision correccional shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm.

Section 6. Repacking or Altering the Composition of Lawfully Manufactured Explosives (as further amended by RA 8294). -

The penalty of prision correccional shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.


Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence. -

The penalty of prision correccional shall be imposed upon any person,

civilian or military, who shall issue authority to carry firearm and/or

ammunition outside of residence, without authority therefor.

The term unlicensed firearm shall include:

1) firearm with expired liscense; or 2) unauthorized use of licensed firearm in the commission of the crime.

(as further amended by RA 8294).

Section 8. Rules and Regulations. - The DOJ and DILG shall jointly issue, within 90 days after approval

of this Act, the necessary rules and regulations pertaining to the administrative aspect of the provisions hereof x x x.

Section 9. Repealing Clause.Section 10. Effectivity.


JURISPRUDENCE in the interpretation of Section 1 of RA 8294:

RA 8294 took effect on July 6, 1997.

Pp vs. Rolando Valdez (1999)- In 1996, accused was convicted of multiple murder with double frustrated murder. He was also separately convicted with illegal possession of FA. On appeal, the conviction for illegal possession of FA was dismissed, giving retroactive effect to the beneficial provisions of RA 8294.

But in said case the Supreme Court declared in passing, thus: “As a word of caution, however, the dismissal of the case for illegal possession of FA should not be interpreted as meaning that there can no longer be any prosecution for crime of illegal possession of FA. In general, all pending cases involving illegal possession should continue to be prosecuted and tried if no other crimes expressly indicated in RA 8294 are involved (murder, homicide under Sec. 1, and rebellion, insurrection, sedition and attempted coup d’etat under Section 3).


JURISPRUDENCE . . . (continued)

Pp vs. Walpan Ladjaalam (2000)- Accused was charged with direct assault with multiple attempted homicide. Ruling: Under Ra 8294, if an unlicensed FA is used in committing crime, there can be no

separate offense of simple illegal possession of FA. Hence if the crime is murder or homicide, the use of unlicensed firearm

becomes merely an aggravating circumstance, not a separate offense.


JURISPRUDENCE . . . (continued)

Pp vs. Angel Celino Sr., vs. C.A., Cebu City, Hon. Delano Villaluz

and People of the Philippines (2007) - Accused can be convicted of illegal possession of FA, provided no other crime was committed by the person arrested. The word “committed” is understood as “convicted” or a prior determination of guilt by final conviction, in the light of the constitutional presumption of innocence.

Moreover, the Supreme Court said, “When the other offense involved is one of those enumerated under RA 8294, any

information for illegal possession for FA should be quashed because the illegal possession of FA would have to be tried together with such other offense, either considered as an aggravating circumstance in murder or homicide, or absorbed

as an element of rebellion, insurrection, sedition or attempted coup d’etat. Conversely, when the other offense involved is not one of those enumerated under RA 8294, then the separate case of

illegal possession of FA should continue to be prosecuted.”

ANTI-ILLEGAL GAMBLING LAW (P.D. 1602, as amended)

PRESIDENTIAL DECREE No. 1602(Anti-Illegal Gambling Law)

Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period or a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:

PRESIDENTIAL DECREE No. 1602

Section 1 . . . (continued) (a) x x x

(1) Any person other than those referred to in the succeeding sub- sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing,

numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other

machinations; banking or percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting

of money, articles of value or representative of value are at stake or made;


Section 1 . . . (continued) (a) x x x

(2) Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in

inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or the place is a public or government building or barangay hall, the malefactor shall be punished by prision correccional in its maximum period and a fine of six thousand pesos.

(b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes.


Section 1 . . . (continued) (a) x x x(b) x x x(c) The penalty of prision mayor in its medium period with temporary absolute

disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination.

(d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.


Section 1 . . . (continued) (a) x x x(b) x x x(c) x x x (d) x x x(e) The penalty of temporary absolute disqualifications shall be imposed upon

any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith.

(f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held.

PRESIDENTIAL DECREE No. 1602 . . . (continued)

Section 2. Informer's reward. Any person who shall disclose information that

will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash money or articles of value confiscated or forfeited in favor of the government.

Section 3. Repealing Clause.Section 4. Effectivity.

R.A. No. 9287(Law on Illegal Numbers Games,

amending PD No. 1866)

Declaration of Policy

The State condemns the existence of illegal gambling activities as this has become an influential factor in an individual's disregard for the value of dignified work, perseverance and thrift since instant monetary gains from it are being equated to success, thereby becoming a widespread social menace and a source of corruption.

Towards this end, the State shall therefore adopt more stringent measures to stop and eradicate the existence of illegal numbers games in any part of the country.

R.A. No. 9287 . . . (continued)

DEFINITION OF TERMS:

Illegal Number Games – Any form illegal gambling activity which uses numbers or combinations as factors in giving out jackpots.

Jueteng- An illegal numbers game that involves the combination of thirty-seven (37) numbers against thirty-seven (37) numbers from number one (1) to thirty seven (37), serving as a form of local lottery where bets are placed and accepted per combination and its

variants.

Masiao – An illegal numbers games where the winning combination is derived from the results of the last game of Jai Alai based in the fictitious Jai Alai game consisting of ten (10) players pitted against one another.

Last Two- An illegal numbers game where the winning combination is derived from the last two (2) numbers of the first prize of the winning Sweepstakes ticket.

R. A. No. 9287

DEFINITION OF TERMS . . . (continued)

Bettor (Mananaya or Tayador) Any person who places bets for himself/ herself or in behalf of another person, or any person, other than the personnel or staff of any illegal numbers game operation.

Personnel or Staff of Illegal Number Games Operation- Any person who acts in the interest of the maintainer, manager, operator or any other personnel performing such similar functions in a building structure, vessel, vehicles, or any other place where an illegal numbers game is operated or conducted.

Collector or Agent (Cabo Cobrador) Any person who collects, solicits or produces bets in behalf of his/her principal for an illegal numbersgame who is usually in possession of gambling paraphernalia.

Coordinator, Controller or Supervisor (Encargado) Any person who exercises control and supervision over the collector or agent.

R. A. No. 9287

DEFINITION OF TERMS . . . (continued)

Maintainer, Manager, or Operator- Any person who maintains, manages or operates anti- illegal numbers game in a specific area from whom the coordinator, controller or supervisor and collectors or agents get orders.

Financiers or Capitalist - Any person who finances the operations of any illegal numbers game.

Protector or Coddler- Any person who lends or provides protection, or receives benefits in any manner in the operation of any illegal numbers game.

R. A. No. 9287 . . . (continued)

Section 3. Punishable Acts. Persons who participate in any illegal numbers game shall suffer the

corresponding penalties, as follows:

a) BETTOR. Imprisonment from thirty (30) days to ninety (90) days.

b) PERSONNEL or STAFF. Imprisonment from six (6) years and 1 day to eight (8) years.

Same penalty for any person who allows his vehicle, house, building or land to be used in the operation of the illegal numbers game.

c) COLLECTOR or AGENT. Imprisonment from eight (8) years and 1 day to ten (10) years.

R. A. No. 9287

Section 3. Punishable Acts . . . (continued)

d) COORDINATOR, CONTROLLER or SUPERVISOR. Imprisonment from ten (10) years and 1 day to twelve (12) years.

e) MAINTAINER, MANAGER or OPERATOR. Imprisonment from twelve (12) years and 1 day to fourteen (14) years.

f) FINANCIER or CAPITALIST. Imprisonment from fourteen (14) years and 1 day to sixteen (16) years.

g) PROTECTOR or CODDLER. Imprisonment from sixteen (16) years and 1 day to twenty (20) years.


Section 4. Possession of Gambling Paraphernalia or Materials.

The possession of any gambling paraphernalia and other materials used in the illegal numbers game operation shall be deemed prima facie evidence of any offense covered by this Act.


Section 5. Liability of Government Employees and/or Public Officials.

a) If the collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financer, or capitalist of any illegal numbers games is a government employee and or public official, whether elected or

appointed, shall suffer the penalty of twelve (12) years and 1 day to twenty years (20) and a fine ranging from P3.0M to P5.0M and perpetual absolute disqualification from public office.

b) In case of failure to apprehend perpetrators of any illegal numbers game, any law enforcer shall suffer an administrative penalty of suspension or dismissal.


Section 10. Witness Protection.

Any person who provides material information, whether testimonial or documentary, necessary for the investigation or prosecution of individual committing the offenses shall be placed under the Witness Protection Program pursuant to Republic Act 6981.


Section 11. Informer’s Reward.

Any person who, having knowledge or information of any offense committed and who shall disclose the same which may lead to the arrest and final conviction of the offender, may be rewarded a certain percentage of the cash money or articles of value confiscated or forfeited in favor of the government.

ANTI-CARNAPPINGACT OF 1972

(R.A. No. 6539)

REPUBLIC ACT No. 6539(Anti-Carnapping Act of 1972)

Section 2. Definition of terms.

"Carnapping" 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.

"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers,

graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.lawphi1™

REPUBLIC ACT No. 6539

Section 2. Definition of terms . . . (continued)

"Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number.

"Repainting" is changing the color of a motor vehicle by means of painting.

"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body.


Section 2. Definition of terms . . . (continued)

"Remodeling" is the introduction of some changes in the shape or form of the body of the motor vehicle.

"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.

"Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle.


Section 12. Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and chassis.

It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.


Section 13. Penal Provisions.

Any person who violates any provisions of this Act shall be punished with imprisonment for not less than two (2) years nor more than six (6) years and a fine equal in amount to the acquisition cost of the motor vehicle, motor vehicle engine or any other part involved in the violation: Provided, That if the person violating any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its president or secretary and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation.

Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful act shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service with prejudice to his reinstatement and with disqualification from voting or being voted for in any election and from appointment to any public office.


Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this term is defined in Section two of this Act, shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for not less than fourteen years and eight months and not more than seventeen years and four months, when the carnapping is committed without violence or intimidation of persons, or force upon things; and by imprisonment for not less than seventeen years and four months and not more than thirty years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and the penalty of life imprisonment to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping.

Section 17. Separability Clause. Section 18. Repealing clause.

ANTI-FENCING LAW (P.D. No. 1612)

PRESIDENTIAL DECREE NO. 1612(Anti-Fencing Law)

Section 1. Title.Section 2. Definition of Terms. - The following terms shall mean as follows:

(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 he proceeds of the crime of robbery or theft.

(b) "Fence" - includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.

PRESIDENTIAL DECREE NO. 1612(Anti-Fencing Law)

Section 2. Definition of Terms . . . (continued)

(c) "Used secondhand article" - shall refer to any goods, article, item, object or anything of value obtained from an

unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.

(d) "Unlicensed dealer/supplier" - shall refer to any persons, partnership, firm, corporation, association or any other entity or establishment not licensed by the

government to engage in the business of dealing in or of supplying the articles defined in the preceding paragraph.

(e) "Buy and Sell" - refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to

t third persons.


Section 3. Penalties. - Any person guilty of fencing shall be punished as hereunder indicated:

(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding 22,000 pesos;

If the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.

(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.


Section 3. Penalties . . . (continued)

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more than 200 pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property involved is over 50 pesos but not exceeding 200 pesos.

(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.


Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.


Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.


Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of Constabulary/ Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence.

Section 7. Repealing Clause. Section 8. Effectivity

) Electro fishing Means the use of electricity generated by dry-cell batteries, electric generators or other sources of electric power to kill, stupefy, disable or render unconscious fish or fishery/aquatic products in both fresh and salt water areas.l) Fishing with the use of explosives Means the use of dynamite, other explosives, or chemical compound that contains combustible elements or ingredients that, upon ignition by friction, concussion, percussion, or detonation of all or parts of the compound, kill, stupefy, disable or render unconscious any fish or fishery/aquatic product. It shall also refer to the use of any other substance and/or device that causes explosion capable of producing the said harmful effects on fish or fishery/aquatic products.m) Fishing with the use of obnoxious or poisonous substance Means the use of any substance, plants, extracts or juice thereof, chemicals, whether in raw or processed form, harmful or harmless to human beings, which kill, stupefy, disable, or render unconscious fish or fishery/aquatic products.

Section 33. Illegal fishing, dealing in illegally caught fish or fishery/aquatic products. It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered fish or fishery/aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substance, or by the use of electricity as defined in paragraphs (1), (m) and (d), respectively, of Section 3 hereof: Provided, That the Secretary may, upon recommendation of the Director and subject to such safeguards and conditions he deems necessary, allow for research, educational or scientific purposes only, the use of explosives, obnoxious or poisonous substance or electricity to catch, take or gather fish or fishery/aquatic products in specified area: Provided, further, That the use of chemicals to eradicate predators in fishponds in accordance with accepted scientific fishery practices without causing deleterious effects in neighboring waters shall not be construed as the use of obnoxious or poisonous substance within the meaning of this section: Provided, finally, That the use of mechanical bombs for killing whales, crocodiles, sharks or other large dangerous fishes, may be allowed, subject to the approval of the Secretary.It shall, likewise, be unlawful for any person knowingly to possess, deal in, sell or in any manner dispose of, for profit, any fish or fishery/aquatic products which have been illegally caught, taken or gathered.The discovery or dynamite, other explosives and chemical compounds containing combustible elements, or obnoxious or poisonous substance, or requirement or device for electric fishing in any fishing boat or in the possession of a fisherman shall constitute a presumption that the same were used for fishing in violation of this Decree, and the discovery in any fishing boat of fish caught or killed by the cause of explosives, obnoxious or poisonous substance or by electricity shall constitute a presumption that the owner, operator or fisherman were fishing with the use of explosives, obnoxious or poisonous substance or by electricity.Section 34. Fishing with fine-mesh nets. It shall be unlawful for any person to fish with nets with mesh smaller than that which may be fixed by rules and regulations promulgated conformably with the provisions of section 7 hereof: Provided, That this prohibition in the use of fine-mesh nets shall not apply to the gathering of fry, glass cells and elvers and such species which by their very nature are small but already mature.Section 35. Trawl fishing in waters seven fathoms deep or less. Subject to the provisions of Section 17 hereof, no person shall operate trawls in waters seven fathoms deep or less.Section 36. Ban on exportation of Bangus Fry. It shall be unlawful for any person to export "bangus" fry.Section 37. Pollution of waters. It shall be unlawful to place, cause to be placed, discharge or deposit, or cause to be discharged or deposited, or to pass or place where it can pass into Philippine waters, petroleum, acid, coal, or oil tar, lampback, aniline, asphalt, bitumen, or residuary products of petroleum or carbonaceous material or substance, mollasses, mining and mill tailings, or any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, sugar central, mill or factory of any kind, or any sawdust, shavings, slabs, edgings, or any factory refuse or any substance or material deleterious to fish or fishery/aquatic life.Section 38. Penalties. (a) For illegal fishing and dealing in illegally caught fish or fishery/aquatic products. Violation of Section 33 hereof shall be punished as follows:(1) By imprisonment from ten (10) to twelve (12) years, if explosives are used: Provided, That if the explosion results 1) in physical injury to any person, the penalty shall be imprisonment from twelve (12) to twenty (20) years, or 2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life, or death;(2) By imprisonment from eight (8) to ten (10) years, if obnoxious or poisonous substances are used: Provided, That if the use of such substances results 1) in physical injury to any person, the penalty shall be imprisonment from ten (10) to twelve (12) years, or 2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life or death;(3) By imprisonment from two (2) to four (4) years, if electricity is used; and(4) By imprisonment from two (2) to six (6) years for dealing in illegally caught fish or fishery/aquatic products.(b) Trawl fishing. Violation of section 35 hereof shall be punished by a fine not exceeding one thousand pesos (P1,000.00) or imprisonment for a period not exceeding one (1) year, or both fine and imprisonment, in the discretion of the Court.(c) Exportation of "bangus" fry. Violation of section 36 shall be punished by a fine of not less than one thousand pesos (P1,000.00) nor more than five thousand pesos (P5,000.00) or by imprisonment for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment, in the discretion of the Court.(d) Other violations. Violation of any other provision of this Decree, or of any rule or regulation already existing, or which may be promulgated pursuant to this Decree, shall subject the offender to fine of from five hundred pesos (P500.00) to five thousand pesos (P5,000.00) or imprisonment from six (6) months to four (4) years, or both such fine and imprisonment, in the discretion of the Court: Provided, That the Director of Fisheries and Aquatic Resources is hereby empowered to impose upon the offender an administrative fine of not more than five thousand (P5,000.00) or to cancel his permit or license, in the discretion of the Director: Provided, further, That the Director, or his duly authorized representative, and law enforcement agents are hereby empowered to impound with the assistance of the Philippine Coast Guard, if necessary, the fishing boat including the dynamite, blasting caps and other explosives, obnoxious or poisonous substances, and apparatus used in electric fishing, and other apparatus used in illegal fishing, pending the termination of the criminal case by competent courts: Provided; finally, That any person who unlawfully obstructs or delays the inspection and/or movement of fish and fishery/aquatic products when such inspection and/or movement is authorized under this Decree, shall be subject to a fine of not more than two thousand pesos (P2,000.00) or imprisonment of not more than two (2) years, or both such fine and imprisonment, in the discretion of the Court.Any public official, who enforces an ordinance, resolution, rule and/or regulation concerning fishing and fisheries not previously approved by the Secretary, shall be criminally prosecuted and, upon conviction, shall suffer the penalty of not more than five (5) years imprisonment or a fine of not more than ten thousand pesos (P10,000.00) or both such fine and imprisonment, in the discretion of the Court.Action on any violation mentioned in this Chapter shall be taken if the Secretary so decides.Section 39. Seizure proceedings. Any foreign fishing boat illegally engaged in fishing within Philippine waters shall be summarily confiscated administratively, including its catch and fishing equipment, without prejudice to any civil or criminal action that may be taken against its owners and/or operators.

PD No. 704 (Anti-Illegal Fishing Law)

Lesson Plan for Group 2

Title : Laws and Jurisprudence (Anti- Illegal Drugs)

Course : Criminal Investigation Course for Investigators

Module : 2

Lesson Plan Number: 1

Target Audience : Thirty (30) Police Personnel of Region 3 with a rank of at least P02 SPO3 assigned in the investigation section as an investigator or projected to be one.

Date and Venue : December 6, 2010 Multi- Purpose Hall of Region 3

Time Allocated : Two (2) Hours

Learning Aids Required:

1. Laptop Computer2. LCD Projector3. Camera4. PA System5. White board and marker

Participant’s Equipment Required:

1. Notebook2. Ballpen/Sign Pen3. Writing Pad4. Manuals/Reading materials5. Poopsheets

Training Reference Used: 1. Police Operational Procedure2. Standard Training Package for CIC3. Law Books

Projected Instructors/Resource Speaker:

• PNP Regional Legal Officer• Practicing Criminal Lawyer• Prosecutors/RTC Judge

INTRODUCTION:

The PNP should equip all police officers with the appropriate mechanics and procedures that will enable our people to cope up and respond efficiently and effectively to crimes everyone has become familiar with, the new wave of dramatic crisis situations related to Laws and Jurisprudence specifically Special Laws. Thus, it will prevent, if not eliminate investigation lapses in their workplace. And to ensure success of our investigative processes in bringing the perpetrators of the crimes to the courts of justice.

There is a need to improve the consistency and timeliness of our policies and procedures and align them in policing the dynamics of court proceedings and the crafting of procedures which will aid in the successful prosecution of cases in court and at the same time protect the police from unwanted entanglements.

Anti- Illegal Drugs

Training Goals:

At the end of this block of instruction, the students will be able to know the policy of the State in safeguarding the integrity of its territory and the well being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being, and to defend the same against acts or omissions detrimental to their development and preservation.

Training Objectives:

a. To enhance the students of the efficacy of the law against dangerous drugs. b. To enhance the students capability in pursuing an intensive and unrelenting campaign against the trafficking of dangerous drugs and other similar substance.c. To impart to the students an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects.d. To provide to the students the effective mechanisms or measures to re-integrate into the society individuals who are fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation.

Anti-Illegal Drugs Act

Declaration of Policy- To safeguard the integrity of its territory and the well being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well being and to defend the same against acts or omission detrimental to their development and preservation.

The government shall purse an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through policies, programs and projects.

Definition of Terms:

Chemical Diversion- The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug.

Clandestine Laboratory- Any facility used for the illegal manufacture of any dangerous drug and or controlled precursor and essential chemicals.

Controlled Delivery- The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and or controlled precursor and essential chemical, equipment or paraphernalia to pass into, through or out of the country under the supervision of an authorized officer, with the view of gathering evidence to identify any person involved in any dangerous drug related offense, or to facilitate prosecution of that offense.

Cultivate or Culture- Any act of knowingly planting, growing, raising or permitting the planting, growing or raising of any plant which is the source of a dangerous drug.

Deliver- Any act of knowingly passing a dangerous drug to another personally or otherwise and by any means with or with out consideration.

Den, Dive or Resort- A place where any dangerous drug or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

Dispense- Any act of giving away, selling or distributing medicine or any dangerous drug with or without use of prescription.

Drug Dependence- It is the cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance taking behavior in terms of its onset, termination or levels of use.

Drug Syndicate- Any organized group of two (2) or more persons forming or joining together with the intention of committing the distribution and selling of prohibited drugs.

Employee of a Den, Dive or Resort- the caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, distributed, sold or used with or without compensation in connection with the operation.

Financier- Any person who pays for raises or supplies money for or underwrites any of the illegal activities.

Illegal Trafficking- The illegal cultivation, culture, delivery, administration, disposition, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

Instrument- Any thing that is used in or intended to be used in any manner in the

commission of illegal drug trafficking or related offenses. Laboratory Equipment- The paraphernalia, apparatus, materials or appliances

when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical.

Manufacture- The production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin.

Planting of Evidence- The willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly through any overt or covert act whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission.

Protector/Coddler- Any person who knowingly consents to the unlawful acts provided and uses his/her influence, power, or position in shielding, harboring, screening or facilitating the escape of any person he/she knows or has reasonable grounds to believe on or suspects has violated in order to prevent the arrest, prosecution, and conviction of the violator.

Pusher- Any person who sells, trades, administers, dispense, delivers or gives away to another, on any term whatsoever,or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions.

Sell- Any act of giving away any dangerous drug and or controlled precursor and essential chemical whether for money or any other consideration.

Trading – Transactions involving the illegal trafficking of dangerous drugs and or controlled precursors and essential chemicals.

Use- Any act of injecting, intravenously or consuming either by chewing, smoking, sniffing, eating, swallowing or drinking.

UNLAWFUL ACTS AND PENALTIES

Importation of Dangerous Drugs and or Controlled Precursors and Essential Chemicals- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (500,000.00) to Ten million pesos (10,000,000) shall be imposed upon any person who shall import or bring into the Philippines any dangerous drug regardless of the quantity and purity involved.

Sale, Trading, Administration, Dispensing, Delivery, Distribution, and Transportation of Dangerous Drugs and or Controlled Precursors and Essential Chemicals- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (500,000) to Ten million pesos (10,000,000) shall be imposed upon any person who shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug.

Possession of dangerous Drugs- The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (500,000) to ten million pesos (10,000,000) shall be imposed upon any dangerous drug in the following quantities, regardless of the degree of purity:

a. 10 grams or more of opium;b. 10 grams or more of morphine;c. 10 grams or more of heroin; d. 10 grams or more of cocaine;e. 50 grams or more of methamphetamine hydrochloride or shabu;f. 10 grams or more of marijuana; andg. 500 grams or more of ecstacy

Possession of Dangerous during Parties, social gatherings or Meeting- Any person found possessing any dangerous drug during a party, or a social gathering or meeting or the proximate of at least two (2) persons, shall suffer the maximum penalties.

Use of Dangerous Drugs- A person apprehended or arrested, who is found to be positive for use of any dangerous drugs, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense. If apprehended for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (50,000) to two hundred thousand pesos (200,000)

Cultivation or Culture of Plants Classified as Dangerous Drugs- The penalty of life imprisonment to death and a fine ranging from Five hundred pesos (500,000) to Ten million (10,000,000) shall be imposed upon any person, who shall, plant, cultivate, or culture marijuana or any other plant regardless of quantity.

Criminal Liability of a Public officer or Employee for Misappropriation, Misapplication or failure to account for the confiscated, seized and or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia/ laboratory equipment- The penalty of life imprisonment to death and a fine ranging from five hundred pesos (500,000) to ten million (10,000,000) in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, controlled precursors and essentials chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts.

Criminal Liability for Planting of Evidence – Any person who is found guilty of planting any dangerous drug, controlled precursor, and essential chemical, regardless of quantity and purity, shall suffer the penalty of death. SUMMARY:At the end of this training session, the students have learned the penalties and sanctions that may be imputed to government officials who may be involved in illegal activities.


Title : Laws and Jurisprudence (Violence Against Women & Children)


Module : 2


Target Audience : Thirty (30) Police Personnel of Region 3 with a rank of at least P02 to SPO3 assigned in the investigation section as an investigator or projected to be one.


Time Allocated : One (1) Hour Lecture and Thirty (30) minutes GPE








INTRODUCTION:


There is a need to improve the consistency and timeliness of our policies and procedures and align them with the relevant provisions of law and the principle in policing the dynamics of court proceedings and the crafting of procedures which will aid in the successful prosecution of cases in court and at the same time protect the police from unwanted legal entanglements.

Violence Against Women and Children

Training Goal:

At the end of this block of instruction, the students will be able to know the protective measures for victims and its penalties.


a.To make the students in understanding the need to protect the family and its members particularly women and children.

b.To impart to the students the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights.

SESSION

Violence Against Women & Children

Declaration of Policy

The states value the dignity of women and children and guarantees full respect for human rights. Also, recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Definition of terms:

Physical Violence- refers to acts that include bodily or physical harm.

Sexual Violence- An act which is sexual in nature, committed against a woman or a child.

Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the victim such as intimidation, harassment, stalking and public ridicule or humiliation.

Economic Abuse- Acts that make or attempt to make a woman financially dependent which includes withdrawal of financial support.

Battered Woman Syndrome – Scientifically defined pattern of psychological and behavioral symptoms found in woman living in battering relationships as a result of cumulative abuse.

Acts of Violence Against Women and their Children – Causing physical harm to the women or her child. Threatening and attempting to cause the woman or her child physical harm. Placing the woman or her child in fear of imminent physical harm.

Penalties

Acts of violence against women and their children constituting attempted, frustrated or consummated parricide or murder or homicide shall have the penalty of prision mayor, those constituting less serious physical injuries shall be punished by prision correctional, and those constituting slight physical injuries shall be punished by arresto mayor.

Threatening to cause the woman or child physical harm, shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime, but shall in no case be lower than arresto mayor.

Attempting to cause the woman or her child physical harm shall be punished by arresto mayor. Placing the woman or her child in fear of imminent physical harm shall be punished by arresto mayor. 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 the woman’s or her child’s freedom of movement, shall be punished by prision correctional. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decision, shall be punished by a prison mayor. 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 family shall be punished by prision mayor.

Who may file Petition for protection Orders- Can be filed by any of the following:

a.Offended party;b.Parents or guardians of the offended party;c.Ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;d.Officers or social workers of the DSWD or social workers of local government units;e.Police Officers, preferably those in charge of women and children’s desk.f.Punong Barangay or Barangay Kagawad;g.Lawyer, Counselor, Therapist, or Healthcare provider of the petitioner and/or;h.At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.

Where to apply for a Protection Order – Application for Barangay Protection Order (BPO) shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a Temporary Protection Order (TPO),or Permanent Protection Order may be filed in the regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court with territorial jurisdiction over the place of residence of the petitioner. However, if a Family Court exists in the place of residence of the petitioner, the application shall be filed with that court.

How to Apply for a Protection Order – It must be in writing, signed and verified under oath by the applicant. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protection order, and shall contain the following:

a.Names and addresses of the petitioner and respondent;b.Description of relationships between petitioner and respondent;c.A statement of the circumstances of the abuse;d.Description of the reliefs requested by the petitioner;e.Request for counsel;f.Request for waiver of application fees until hearing and;g.An attestation that there is no pending application for a protection order in other

court.

Summary:

In this module, the students have learned the Definition of Terms, Definition of Policies, Unlawful Acts with Corresponding Penalties, and the Proper way of Filing of Protection Orders on Violence against Women and Child. It summarizes the key principles, laws and policies dealing with the abuse and neglected women and abused of children. These policies are intended to prevent and to lessen the harm to children and families when they do occur.

The Police and Social Providers have a special responsibility and are an important part of the Philippine child protection system. Hence, they should work together hand-in-hand to prevent child abuse and neglect whenever possible. And when it happens, promptly report the matter to concerned authorities.


Title : Laws and Jurisprudence (Anti- Piracy and Anti- Highway Robbery Law)


Module : 2




Time Allocated : Thirty (30) Minutes








INTRODUCTION:


There is a need to improve the consistency and timeliness of our policies and procedures and align them with the relevant provisions of law and the principle of policing the dynamics of court proceedings and the crafting of procedures which will aid in the successful prosecution of cases in court and at the same time to protect the police form unwanted entanglements.

Anti- Piracy and Anti- Highway Robbery Law

SESSION:

Definition of Terms

Philippine Waters- It shall refer to all bodies of water, such as seas, gulfs, bays around between and connecting each of the islands of the Philippines Archipelago, irrespective of its depth, breadth, length or dimension and all other waters belonging to the Philippines by historic or legal title which the Philippine has sovereignty or jurisdiction.

Vessel- Used to transport of passengers and cargo from one place to another through Philippine waters. It shall include all kinds and types of vessels or boats used in fishing.

Highway Robbery – The 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.

Piracy – The penalty of reclusion temporal in its maximum periods shall be imposed. If physical injuries or other crimes are committed as a result or on the occasion the penalty reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon of boarding a vessel, the mandatory penalty of death shall be imposed.

Highway Robbery – The penalty of reclusion temporal in its minimum period shall be imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion, the penalty of death shall be imposed.

SUMMARY:

At the end of this training session, the students were able to learn the definition of terms with respect to the Anti-Piracy and Anti-Highway Robbery together with its corresponding penalties.


Title : Laws and Jurisprudence (Anti- Fencing Act)


Module : 2




Time Allocated : Thirty (30) MinutesLearning Aids Required:



1. Notebook2. Ballpen/Sign Pen3. Writing Pad4. Manuals/Reading materials5. Poop sheets




INTRODUCTION:


There is a need to improve the consistency and timeliness of our policies and procedures and align them with the relevant provisions of law and the principle of policing the dynamics of court proceedings and the crafting of procedures which will aid in the successful prosecution of cases in court and at the same time protect the police from unwanted entanglements.

Anti- Fencing Act

Training Goal:

At the end of this training block , the students will be able to learn the existing laws in persecuting lawless elements profiting by the effects of the crimes of robbery and theft. Training Objectives:

a.To impart to the students the solutions on how to thwart persons engaged in the selling and buying stolen item/object.

b. To impart to the students the rules and regulations in carrying out this provisions.

Anti- Fencing Act

SESSION:

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, sell, or in any other manner deal in any article, item, objector 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.

Presumption of Fencing – mere possession of any goods, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Clearance/ Permit to Sell/ Used Second Hand Articles – All stores, establishments or entities dealing in the buy and sell of any good, article, item, object or anything of value shall before offering the same for sale to the public, secure the necessary clearance or permit from the Station Commander who has jurisdiction where such store, establishment, or entity is located.

Used Secondhand Article – any goods, article, item, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.

Unlicensed Dealer/Supplier – Any person, partnership, firm, corporation, association or any other entity or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles.

Store, Establishment or Entity – Shall be the construed to include ant individual dealing in the buying and selling of used secondhand articles.

Buy and Sell – The transaction whereby one purchases used secondhand articles for the purpose of resale to the third persons.

SUMMARY: At the end of this training session, the students were able to learn the difference between

Fencing vis-à-vis Fence. Identification of items or goods that may be derived from illegal source.


Title : Laws and Jurisprudence (Anti- Trafficking in Persons)


Module : 2




Time Allocated : Thirty (30) Minutes







INTRODUCTION:


There is a need to improve the consistency and timeliness of our policies and procedures and align them with the relevant provisions of law and the principle of policing the dynamics of court proceedings and the crafting of procedures which will aid in the successful prosecution of cases in court and at the same time protecting the police from unwanted legal entanglements.

Anti- Trafficking in Persons

Training Goal:

At the end of this training block, the students will be able to institute policies to eliminate trafficking in persons especially women and children.


a.To impart to the students the mechanisms for the protection and support of trafficked persons.

b.To impart to the students an established system to receive complaints and calls to assist trafficked persons.

c. To impart to the students the proper handling of investigation as well as the conduct of operations.

Anti- Trafficking in Persons

SESSION:

Declaration of Policy – The State values the dignity of every human person and guarantees the respect of individual rights. And shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for voluntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society.

Trafficking in Persons – 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 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.

Child – A person below eighteen (18) years of age or more who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.

Prostitution – An act of transaction, scheme, or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other considerations.

Forced Labor and Slavery – The extraction of work or service from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

Sex Tourism – A program organized by travel and tourism related establishment and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists.

Sexual Exploitation – Participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim’s vulnerability.

Debt Bondage – The pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.

Pornography – Any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

Acts of Trafficking in Persons:

a.To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

b.To introduce or match for money, profit, or material, economic or other consideration. Any Filipino woman match to a foreign national for marriage for the purpose of acquiring, buying, offering, selling, or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

c.To offer contract marriage, real or simulated for the purpose of acquiring, buying, offering, selling or trading them to engage in prostitution, pornography, sexual exploitation, forced labor, or slavery, involuntary servitude or debt bondage.

d.To undertake or organize tours and travel plans consisting of tourist packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation.

e.To maintain or hire a person to engage in prostitution or pornography.

f.To adopt or facilitate the adaptation of person for the purpose of prostitution, pornography sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

g.To recruit, hire, adopt, transport or abduct a person by means of threat or use of force, fraud, deceit, violence , coercion or intimidation for the purpose of removal or sale of organs of said person h.To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Qualified Trafficking in Person – The following are considered as qualified trafficking:•When the trafficked person is a child.

a.When the adaption is effected through Republic act No. 80343 ( Inter- Country Adoption Act of 1995) and the said adaption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

b.When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group.

c.When the offender is an ascendant, parent, sibling, guardian or a person who exercise authority over the trafficked person or when the offense is committed by a public official or employee.

d.When the trafficked person is recruited to engage in prostitution with any member any member of the military or law enforcement agencies.

e.When the offender is a member of the military or law enforcement agencies and When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

Use of Traffic Persons – Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

a.First offense- six (6) months of community service as may be determined by the court and a fine of Fifty Thousand pesos (50,000) and

b.Second and subsequent offenses – Imprisonment of one (1) year and a fine of One Hundred thousand pesos (100,000).

Prescriptive Period – Trafficking cases under shall prescribe in ten (10) years, provided the trafficking cases committed by the syndicate or in a large scale shall prescribe in twenty (20) years. The prescriptive period shall commence to run from the day on which the trafficked person is derived or released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.

SUMMARY:

At the end of this training session, the students were able to learn the penalties and provisions of the law that may be imputed to persons engage in this kind of nefarious activities.

Human Security Act – 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 law of nation.

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

a.Article 122 (Piracy in general and Munity in the High Seas or in Philippine waters)b.Article 134 ( Rebellion and Insurrection)c.Article 134-a (Coup d’Etat) including acts committed by private persons;d.Article 248 (Murder)e.Article 267 (kidnapping and Serious Detention) f.Article 324 (Crimes involving Destruction or Arson)

Conspiracy to Commit Terrorism – Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment. There is conspiracy when two (2) or more persons come to an agreement concerning the commission of the crime of terrorism and decide to commit the same.

Accomplice – Any person who, not being a principal or a conspirator, or cooperates to commit terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four (4) months one day to twenty (20) years of imprisonment.

Accessory – Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice takes part subsequent to its commission in any of the following: a) by profiting himself or assisting the offender to profit by the effects of the crime. b) by concealing or destroying the body of the crime in order to prevent its discovery. c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.

SUMMARY:At the end of this training session, the students were able to know the definition of Terrorism in respect to Articles 122, 134, 134a, 248, 267 and 324. The penalties that may be imputed to anyone who may engage themselves in this illegal act.

Documents

Commonly-Violated Special Laws2