Criminal Law II, Prof.

IRJimenez

RA 9165 - Comprehensive Dangerous Drugs Act of 2002

Prof. I. R. Jimenez U.P. College of Law
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Prohibited substances
Dangerous drugs annexed list Controlled precursors & essential chemicals annexed list Equipment, instruments, apparatus & other paraphernalia

Punishable acts
Pushing - Sec. 5
Selling, trading, administering, dispensing, delivering, giving away, distributing, transporting Maximum penalty if:
w/in 100 meters of a school Use minors or incapacitated persons as runners Victim is a minor or incapacitated person Drugs are the proximate cause of death

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Punishable acts
Maintaining a den Sec. 6 Manufacturing Sec. 8 Possession Sec. 11
Actual or constructive With intent Absorbed in pushing, except if different drugs

Punishable acts
Use Sec. 15
Punishes past possession Positive drug test

Cultivation of plants Sec. 16 Unlawful or unnecessary prescription Sec. 18 and 19

Punishable persons
Principal offender/s Syndicate 2 or more persons Financier Coddler

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Special features of RA 9165

No plea bargaining Sec. 23 No probation Sec. 24 Qualifying aggravating circumstance of use of dangerous drugs Sec. 25 Same penalty for attempt or conspiracy to import, sell or manufacture Sec. 26

Special features of RA 9165

Public officers
misappropriate seized drugs - Sec 27 Max. penalty & perp. abs. disq. Sec. 28

Planting evidence Sec. 29 Maximum penalty if committed at a party

social gathering or in the proximate company of at least 2 persons

???

To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Title VI - Crimes Against Public Morals Prof. Ildefonso R. Jimenez

U.P. College of Law
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Gambling
Art. 195-199 repealed by PD 1602 Gambling any game or scheme of chance or skill wherein wagers consisting of money, articles of value, or representatives of value are at stake or made PD 449 (Cockfighting), PD 483 (Gamefixing), PD 510 (Slot Machines)
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Gambling
Social values - encourage industry; discourage fatalism, indolence; prevent an activity that attracts those who can least afford it Legalized gambling lotto, casinos, cockfighting, horseracing, Bingo Game shows & text promos

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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Grave Scandal Art. 200

Any highly scandalous conduct that offends decency and good customs Not punished under other articles
Acts of Lasciviousness Obscenity Sedition

Examples:
Streaking Flashing Janet Jacksons wardrobe failure at the Superbowl

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Immoral doctrines, obscene publications & indecent shows (A201)

1. Publicly expound doctrines contrary to public morals 2. Authors, publishers, & sellers of obscene literature 3. Exhibitors of indecent plays, films or shows glorify crime, satisfy violence or lust, offend race or religion, etc.
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Immoral doctrines, obscene publications & indecent shows (A201)

Standard of obscenity (People v. Kottinger; Pita v. CA)
Appeal to prurient interest Tendency to corrupt or deprave those open to immoral influences Material taken as a whole No redeeming social value
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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

Immoral doctrines, obscene publications & indecent shows (A201)

Limited by the constitutional freedom of expression
Barnes vs. Glen Theatre Balancing of interests

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Vagrancy & Prostitution Art. 202

Vagrant idle persons; able but without work; loitering in public places Prostitute woman who habitually engages in sex for money or profit Papichristou v. City of Jacksonville Broken windows theory

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RA 7610 Child Abuse, Exploitation, & Discrimination Act

Children exploited in prostitution (Sec 5)
Punishes the pimp, procurer, customer Under 12 rape under RPC - acts of lasciviousness RT med

Child trafficking trading & dealing, for money or other consideration

Sec. 7 RT- RP; if under 12, max. period Sec. 8 Attempted trafficking - 2 lower

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To be used only as reference for an accompanying lecture

Criminal Law II, Prof. IRJimenez

RA 7610 Child Abuse, Exploitation, & Discrimination Act

Child pornography Sec. 9 Other acts of abuse or exploitation
Other acts not covered by RPC Offer, deliver, or have a child under 12 or more than 10 years younger in a hotel Owner or manager of hotel Use or force street child to beg, sell drugs, other illegal acts
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RA 7610 Child Abuse, Exploitation, & Discrimination Act

Increased penalties for felonies if victim is under 12 years old
Murder, homicide, intentional mutilation, serious phy. inj. RP Qual. seduction, consented acts of lasciviousness, corruption of minors, white slave trade - 1 higher

Separate liability from RPC

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???

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To be used only as reference for an accompanying lecture