Special Penal Laws

1. Anti Violence Against Women and Their Children Act of 2004 ( RA No 9262)
Q: What does violence against women and their children mean?
A: Violence against women and their children refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
Note: The dating relationship that the law contemplates can, therefore, exist even without a sexual
intercourse taking place between those involved. An "awaybati" or a fightandkiss thing between two
lovers is a common occurrence. Their taking place does not mean that the romantic relation between the
two should be deemed broken up during periods of misunderstanding. (Ang v. CA, GR 182835, April 20,
2010, Justice Abad)

Q: What are the punishable acts under RA 9262?

A: The crime of violence against women and their children is committed through any of the following
acts:
1.

Causing physical harm to the woman or her child

2.

Threatening to cause the woman or her child physical harm

3.

Attempting to cause the woman or her child physical harm

4.

Placing the woman or her child in fear of imminent physical harm

5.

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 which the woman or
her child has the right to engage in, or attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against the woman or child. This
shall include, but not limited to, the following acts committed with the purpose or effect of
controlling or restricting the woman's or her child's movement or conduct:

a.

Threatening to deprive or actually depriving the woman or her child of custody to her/his
family

b.

Depriving or threatening to deprive the woman or her children of financial support legally due
her or her family, or deliberately providing the woman's children insufficient financial support

c.
d.

Depriving or threatening to deprive the woman or her child of a legal right

Preventing the woman in engaging in any legitimate profession, occupation, business or
activity or controlling the victim's own money or properties, or solely controlling the conjugal
or common money, or properties

6.

Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions

7.

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 immediate family

8.

Engaging in purposeful, knowing, or reckless conduct, personally or through another that

alarms or causes substantial emotional or psychological distress to the woman or her child.
This shall include, but not be limited to, the following acts:
Stalking or following the woman or her child in public or private places
Peering in the window or lingering outside the residence of the woman or her child
Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will
Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child
Engaging in any form of harassment or violence;

a.
b.
c.
d.
e.

9.

Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and emotional abuse, and denial of financial
support or custody of minor children of access to the woman's child/children. (Sec.5)

Q: What is a battered woman syndrome (BWS)?

A: Battered Woman Syndrome" refers to a scientifically defined pattern of psychological
and behavioral symptoms found in women living in battering relationships as a result of
cumulative abuse.
The battered woman syndrome is characterized by the socalled cycle of violence, which
has 3 phases.
Q. What are the cycles of violence?
A:
1. Tension building phase
2. Acute battering incident
3. Tranquil, loving (or at least nonviolent) phase
Note: One must undergo 3 phases to establish the pattern of violence. One must pass 2
cycles, each with 3 phases.
Q. Who is a battered woman?
A: She is woman who is repeatedly subjected to any forceful physical or psychological
behavior by a man in order to coerce her to do something he wants her to do without
concern for her rights. Battered women includes wives or women in any form of intimate
relationship with men.
Furthermore, in order to be classified as a battered woman, the couple must go through the
battering cycle at least twice. Any woman may find herself in an abusive relationship with a
man once. If it occurs a second time, and she remains in the situation, she is defined as a
battered woman. (People v. Genosa, G.R. No. 135981, Jan. 15, 2004)
Q. Can BWS be used as a defense?
A: Yes. Victimsurvivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal or civil liability notwithstanding the absence of any of
the elements for justifying circumstances of self defense under the RPC.
In laymans terms, if an abused woman kills or inflict physical injuries on her abusive
husband or livein partner, once the trial court determines that she is suffering from the
Battered Woman Syndrome, the court will declare her not guilty (People v.Genosa)
The law now allows the battered woman syndrome as a valid defense in the crime if
parricide independent of self
defense under the RPC. (Sec. 26).
Note: In the determination of the state of mind of the woman who was suffering from battered woman
syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/
psychologists.

2. Juvenile Justice and Welfare Act of 2006 (RA 9262)

a. Definition of a child in conflict with the law
Q: What is the meaning of a child in conflict with the law?
A: It refers to a child who is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.

Note: The child in conflict with the law shall enjoy the presumption of minority. He/she shall enjoy all the
rights of a child in conflict with the law until he/she is proven to be 18 years old or older.

b. Minimum Age of Criminal Responsibility

Q: What is the minimum age of criminal responsibility?
AGE BRACKET
15 years old or below
Above 15 but below 18, who acted without
discernment
Above 15 but below 18, who acted with
discernment

Age Bracket

CRIMINAL
LIABILITY
Exempt

TREATMENT
The child shall be subjected to an
intervention program
The child shall be subjected to an
intervention program
Such child shall be subjected to the
appropriate proceedings in accordance
with R.A. 9344

Exempt
Not exempt

AGE

Effect on Criminal Liability

BRACKET
15 and under
Over 15 under 18,
18 or over
Over 70

Exempting circumstance
Exempting circumstance, provided he acted without
discernment. Mitigating circumstance, provided he acted
with discernment
Full criminal responsibility
Mitigating circumstance; no imposition of death penalty;
execution of death sentence if already imposed is
suspended and commuted.

Note: The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws

Q: What is juvenile justice and welfare system?

A: Juvenile Justice and Welfare System" refers to a system dealing with children at risk and
children in conflict with the law, which provides childappropriate proceedings, including
programs and services for prevention, diversion, rehabilitation, reintegration and aftercare
to ensure their normal growth and development. (Sec. 4, RA 9344)
Q: How can the age be determined?
A: The age of a child may be determined from the child's:
1. Birth certificate
2. Baptismal certificate
3. Any other pertinent documents
Note: In the absence of these documents, age may be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of
doubt as to the age of the child, it shall be resolved in his/her favor.

Q: What is automatic suspension of sentence as provided for in Sec. 38 of R.A. 9344?

A: Once the child who is under 18 years of age at the time of the commission of the offense is found
guilty of the offense charged, the court shall determine and ascertain any civil liability which may
have resulted from the offense committed. However, instead of pronouncing the judgment of
conviction, the court shall place the child in conflict with the law under suspended sentence, without
need of application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already 18 years of age or more at the time of the pronouncement of his/her guilt.

Q: What are the exempting provisions under this act

A:
Status offenses (Sec 57) Any conduct not considered an offense or not penalized if
committed by an adult shall not be considered an offense and shall not be punished if
committed by a child.
Offenses not applicable to children (Sec. 58) Persons below eighteen (18) years of age
shall be exempt from prosecution for the crime of:
a. Vagrancy and prostitution under Section 202 of RPC
b. Sniffing of rugby under Presidential Decree No. 1619
Ratio: Such prosecution being inconsistent with the United Nations Convention on the Rights of the Child:
Provided, That said persons shall undergo appropriate counseling and treatment program.

3. Decree Codifying the Laws on illegal/unlawful possession, manufacture,

dealing in, acquisition or disposition, of firearms, ammunition or explosives
( PD 1866 as amended by RA 8294)
Q: What changes were brought about by R.A. 8294 on P.D. 1866?
A:
1.

The use of an unlicensed firearm to commit murder or homicide is an aggravating

circumstance. Hence, illegal possession or use of unlicensed firearm is no longer punished as a
separate offense.

2.

If the illegal possession or use of unlicensed firearm or explosives is in furtherance of, or

incident to, or in connection with the crimes of rebellion, insurrection, or subversion shall be
absorbed as an element of such crimes.

3.

Penalty for mere possession of an unlicensed firearm is based on whether the firearm is low
powered or highpowered.

4. Unlicensed firearm shall include: firearms with expired license; or unauthorized use of licensed
firearm in the commission of the crime.
Q: When is the use of unlicensed firearm considered absorbed as an element of the
crime of rebellion, or insurrection, sedition or attempted coup d etat ?
A: If the unlicensed firearm is used in furtherance of or incident to, or in connection with the crime
of rebellion, or insurrection, sedition, or attempted coup d etat. (Sec.1)
Q: When is the use of unlicensed firearm considered an aggravating circumstance?
A: In the crimes of homicide and murder (Sec.1)
Q: When is the use of explosives considered an aggravating circumstance?
A: When a person commits any of the crimes defined in the Revised Penal Code or special laws
with the use of the aforementioned explosives, detonation agents or incendiary devices, which
results in the death of any person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as an aggravating circumstance. (Sec. 2, RA 8294)
4. The Comprehensive Dangerous Drugs Act of 2002 RA 9165
Q: What are the punishable acts under this act?
A:
1.

Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec.4)

Note: Any person, who, unless authorized by law, shall import or bring into the Philippines any
dangerous drug, regardless of the quantity and purity involved, including any and all species of opium
poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary
purposes.

1.

Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (Sec.5)

Note: Selling is any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration. (Sec.5)

Q:
A:
1.
2.
3.

What are the elements of this crime?

The identity of the buyer and the seller
The object, and the consideration
The delivery of the thing sold and the payment therefor.

Note: All these require evidence that the sale transaction transpired, coupled with the presentation in
court of the corpus delicti, i.e., the body or substance of the crime. (People v. Capuno, G.R.185715, 19
January 2011)

3. Maintenance of a Den, Dive or Resort (Sec.6)

Q: Who are liable?
A:
1.
2.
3.

Owner of den, dive or resort where any dangerous drug is used or sold in any form
Employee of den dive or resort who is aware of the nature of the place as such
Visitor of den, dive or resort who is aware of the nature of the place as such and shall
knowingly visit the same
Q: Who are liable?
A: Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates
or fails to comply with the maintenance and keeping of the original records of transactions on any
dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40
of this Act.
1.

Unnecessary Prescription of Dangerous Drugs (Sec. 18)

Q: Who are liable?

A: Any practitioner, who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed therein, as determined
by the Board in consultation with recognized competent experts who are authorized
representatives of professional organizations of practitioners, particularly those who are involved in
the care of persons with severe pain.
Q: Who are liable?
A: Any person, who, unless authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.
Q: What is the effect of attempt or conspiracy on the criminal liability?
A: The accused shall be penalized by the same penalty prescribed for the commission of the same
as provided under:
1.
2.
3.
4.
5.

a.
b.
c.

Importation of any dangerous drug and/or controlled precursor and essential chemical
Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical
Maintenance of a den, dive or resort where any dangerous drug is used in any form
Manufacture of any dangerous drug and/or controlled precursor and essential chemical
Cultivation or culture of plants which are sources of dangerous drugs.

Q: Who shall be exempt from prosecution and punishment under RA 9165?

A: Any person who:
1. Has violated Sections 7, 11, 12, 14, 15, and 19, Article II of RA 9165
2. Voluntarily gives information
About any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act
About any violation of the offenses mentioned if committed by a drug syndicate, or
Leading to the whereabouts, identities and arrest of all or any of the members thereof
3. Willingly testifies against such persons as described above
1.

Provided, That the following conditions concur:

The information and testimony are necessary for the conviction of the persons described above

2.

Such information and testimony are not yet in the possession of the State

5. a. Decree Penalizing Obstruction of Apprehension and prosecution of Criminal

Offenders ( PD 1829)

a.

Q: What are the acts punished under P.D. 1829?

A: Any person, who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension
of suspects and the investigation and prosecution of criminal cases by committing any of the
following acts:
Preventing witnesses from testifying in any criminal proceeding or from reporting the commission of
any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit,
intimidation, force or threats

b.

Altering, destroying, suppressing or concealing any paper, record, document, or object, with intent
to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any
investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or
official proceedings in, criminal cases

c.

Harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable
ground to believe or suspect, has committed any offense under existing penal laws in order to
prevent his arrest, prosecution and conviction

d.

Publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the
execution of a judgment, or concealing his true name and other personal circumstances for the
same purpose or purposes

e.

Delaying the prosecution of criminal cases by obstructing the service of process or court orders or
disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts

f.

Making, presenting or using any record, document, paper or object with knowledge of its falsity and
with intent to affect the course or outcome of the investigation of, or official proceedings in,
criminal cases

g.

Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,

discounting, or impeding the prosecution of a criminal offender

h.

Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or
property or that of any immediate member or members of his family in order to prevent such
person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing
a condition, whether lawful or unlawful, in order to prevent a person from appearing in the
investigation of or in official proceedings in, criminal cases

i.

Giving of false or fabricated information to mislead or prevent the law enforcement agencies from
apprehending the offender or from protecting the life or property of the victim; or fabricating
information from the data gathered in confidence by investigating authorities for purposes of
background information and not for publication and publishing or disseminating the same to
mislead the investigator or the court. (Sec. 1)
Note: Article 20, RPC is applicable with PD 1829 because it is beneficial to the accused. It is to be
interpreted in favor of the accused because in an absolutory cause, the offender is not criminally liable by
reason of public policy. Because the reason is public policy, it should apply to both the RPC and special
laws.
b. Anti Fencing Law PD 1612

Q: What is fencing?
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 the proceeds of the crime of robbery or theft. (Sec. 2 [a])
Q: What is the essence of fencing?
A: To be liable for fencing, the offender buys or otherwise acquires and then sells or disposes of any
object 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. (Caoiti v. CA, G.R. No. 128369, Dec. 22, 1997)
Q: What is the nature of the crime of fencing?
A: Fencing is a crime involving moral turpitude.
Ratio: In fencing, actual knowledge of the fence of the fact that the property received is stolen, displays
the same degree of malicious deprivation of ones rightful property as that which animated the robbery
or theft which by their very nature are crimes of moral turpitude. (Dela Torre v. COMELEC, G.R. No.
121592, July 5, 1996)

Q: Who is a fence?

A: A fence includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing. (Sec. 2 [b])
Q: What are the elements of fencing?

A:

1. A crime of robbery or theft has been committed.

Accused who is not a principal or accomplice in the crime, buys, receives
possesses, keeps, acquires, conceals, or disposes, or buys and sells, or in any manner deals in any
article, item, object or anything of value, which has been derived from the proceeds of the crime of
robbery or theft.

The accused knows or should have known that said article, item, object or anything of value has been
derived from the proceeds of the crime of robbery or theft.

There is, on the part of the accused, intent to gain for himself or for another.
Note: Fencing under PD 1612 is a distinct crime from theft and robbery. If the participant who profited is
being prosecuted with the robber, the participant is prosecuted as an accessory. If he is being prosecuted
separately, the person who partook of the proceeds is liable for fencing.

Q: Is fencing a continuing offense?

A: Fencing is not a continuing offense. Jurisdiction is with the court of the place where the personal
property subject of the robbery or theft was possessed, bought, kept, or dealt with. The place where
the theft or robbery was committed was inconsequential.
Q: When does the presumption of fencing arise?
A: The 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.
The presumption does not offend the presumption of innocence enshrined in the fundamental law. It
only shifted the burden of proof to the defense. Burden of proof is upon the fence to overcome the
presumption.
E.g. When the price of an article is way below ordinary prices, this fact may serve as knowledge/notice that
the article was derived from the proceeds of theft or robbery.

Q: What distinguishes fencing from robbery?

A: The law on fencing does not require the accused to have participated in the criminal design to
commit, or to have been in any wise involved in the commission of, the crime of robbery or theft.
Neither is the crime of robbery or theft made to depend on an act of fencing in order that it can
beconsummated. (People v. De Guzman, G.R. No. 77368, October 5, 1993)
Q: What is the similarity of fence and accessory in the crimes of robbery or theft?
A: There is a similarity in the sense that all the acts of one who is an accessory to the crimes of
robbery or theft are included in the acts defined as fencing. In fact, the accessory in the crimes of
robbery or theft could be prosecuted as such under the RPC or as a fence under P.D. 1612. (Dizon
Pamintuan v. People, G.R. No. 111426, July 11, 1994)
Fencing is limited to theft and robbery. The terms theft and
robbery are used as a generic term to refer to any kind of
unlawful taking, not just theft or robbery

Not limited in scope

Mere possession of stolen items creates a presumption of

fencing.
Fencing is a principal crime in itself. As such, it can stand on
its own. There is no need to prove that one is guilty of theft
or robbery.

There is no presumption of violation.

The penalty is higher than the penalty of an accessory.

It is necessary to prove that the principal

committed the crime. Hence, before an
accessory could be held liable, the principal must
have been convicted first of the crime charged
Penalty is less than that imposed in fencing.

Malum prohibitumand therefore there is no need to prove

criminal intent.

Malum in se and therefore there is a need to

prove criminal intent