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Prof. RAMON S.
ESGUERRA
For
UP Bar Operations 2008 UP Bar Operations 2008
RELEVANT
8PE6|AL LAw8
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|. Ant|-Craft and
6orrupt Pract|ces
Act
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Repub||c Act No. 3019
Prohibited Acts:
Persuading, inducing or influencing another public
officer to perform an act constituting a violation of
rules and regulations duly promulgated by
competent authority or an offense in connection
with the official duties of the latter, or allowing
himself to be persuaded, induced, or influenced to
commit such violation or offense.
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irectly or indirectly requesting or receiving any
gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with
any contract or transaction between the
Covernment and any other party, wherein the
public officer in his official capacity has to
intervene under the law.
irectly or indirectly requesting or receiving any
gift, present or other pecuniary or material benefit,
for himself or for another, from any person for
whom the public officer, in any manner or capacity,
has secured or obtained, or will secure or obtain,
any Covernment permit or license, in
consideration for the help given or to be given,
without prejudice to Section thirteen of this Act.
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Accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
Causing any undue injury to any party, including
the Covernment, or giving any private party any
unwarranted benefits, advantage or preference in
the discharge of his official administrative or
judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees
of offices or government corporations charged with
the grant of licenses or permits or other
concessions.
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!eglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage,
or for the purpose of favoring his own interest or
giving undue advantage in favor of or
discriminating against any other interested party,
Entering, on behalf of the Covernment, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
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irectly or indirectly having financing or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part
in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any
interest.
irectly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
!nterest for personal gain shall be presumed against
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction
or acts by the board, panel or group to which they
belong.
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nowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not legally
entitled to such license, permit, privilege or
advantage, or of a mere representative or
dummy of one who is not so qualified or
entitled.
ivulging valuable information of a
confidential character, acquired by his office
or by him on account of his official position
to unauthorized persons, or releasing such
information in advance of its authorized
release date.
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Re|ate To:
ode of onduct and EthicaI
Standards for PubIic OfficiaIs and
EmpIoyees # 6713);
Act Forfeiting III-Gotten WeaIth of
PubIic OfficiaIs and EmpIoyees #
1379);
Act barring PubIic OfficiaIs and
EmpIoyees from receiving gifts PD
46).
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6A8E|8:
FIores vs. Layosa (2004):
Upon determination that the information
charging the public officer or employee with
an offense punished by Book , Title 7 of
the #PC and/or # 3019 is valid, the
Sandiganbayan must place said accused
under preventive suspension.
This provision of # 3019 is mandatory and
without any exceptions.
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abahug vs. PeopIe (2002)
Under Sec. 3e) of # 3019, bad faith on
the part of the public officer is not enough to
make him/her liable. The law requires that
the bad faith be "evident.
Evident bad faith connotes a manifest
deliberate intent on the part of the accused
to do wrong or cause damage.
Go vs. Office of the Ombudsman (2003):
"Undue injury, as used within the context of
# 3019, is more or less synonymous with
term, "actual damage. Hence, mere
inconvenience does not constitute undue
injury.
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||. Ant|-P|under
Law
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Repub||c Act No. 7080
PLUNDER is committed through a
combination or series of "overt acts
by which a public officer amasses,
acquires, or accumulates illgotten
wealth amounting to P S0 Nillion or
more.
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Some "OVERT ATS":
Nisappropriation, conversion, misuse, or
malversation of public funds or raids on the
public treasury,
By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project by reason of the office or position
of the public officer,
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By illegal or fraudulent conveyance or
disposition of asset belonging to the
national government or any of its
subdivisions, agencies or instrumentalities
or governmentowned or controlled
corporations and their subsidiaries,
By obtaining, receiving, or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including the promise of future
employment in any business or
undertaking,
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By establishing agricultural, industrial, or
commercial monopolies or other
combinations and/or implementations of
decrees and orders intended to benefit
particular persons or special interests, or
By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves at the expense and to the
damage and prejudice of the Filipino
people, and the Republic of the Philippines.
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6A8E|8:
ESTRADA VS. SANDIGANBAYAN (2001):
hile the crime of plunder is penalized by a
special law, the acts constituting the same
are basically malversation, bribery and other
crimes committed by public officers under
the #PC. These offense are inherently
wrongful and immoral.
s such, plunder and its constitutive
offenses are by nature crimes M N SE.
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|||. 0bstruct|on
of Just|ce
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Pres|dent|a| 0ecree No. 1829
Prohibited 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,
Faltering, 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,
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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,
elaying the prosecution of criminal cases by
obstructing the service of process or court orders
or disturbing proceedings in the fiscal's offices, in
Ombudsman, or in the courts,
Naking, 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,
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Soliciting, accepting, or agreeing to accept any
benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a
criminal offender,
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,
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Civing 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.
|!f any of the acts mentioned herein is penalized
by any other law with a higher penalty, the higher
penalty shall be imposed.]
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|V. Ant|-8exua|
harassment Act
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Repub||c Act No. 7877
Committed by any person having authority,
influence or moral ascendancy over another
in a work, training or education environment
when he or she demands, requests, or
otherwise requires any sexual favor from the
other regardless of whether the demand, request
or requirement for submission is accepted by the
object of the said act.
Favorable compensation terms,
conditions, promotions promised or the
refusal to do so results in a detrimental
consequence for the victim.
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Holds liable:
any person who directs or induces
another to commit any act of sexual
harassment, or
who cooperates in the commission,
the head of the office, educational or
training institution solidarily.
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6A8E|8:
AUTIN VS. PEOPLE (2002):
The petitioner used his position as City
Health Officer to pressure a young
nurse applying for a job in his office to
accept his advances. This constitutes
sexual harassment.
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V. Ant|-6h||d
Abuse Act
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Repub||c Act No. 710
Prohibited Acts:
hiId Prostitution and Other SexuaI
Abuse:
Facilitating/Procuring Child Prostitutes or
ttempt thereof;
Sexual ntercourse/ascivious Conduct with
Child;
hiId Trafficking/Attempt thereof;
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Subjecting a child to perform in
Obscene Publications and Lewd
Shows:
!ncl. istribution of said materials.
Other Acts of:
Neglect,
Abuse,
Cruelty, and
Exploitation.
sing the child to traffic drugs, conduct
illegal activities or subject him/her to beg as
a means of living.
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Heavier penalties:
The penalties for murder, homicide,
other intentional mutilation and
serious physical injuries, respectively,
shall be reclusion perpetua when the victim
is under twelve years of age.
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6A8E|8:
PEOPLE VS. DELANTAR (2007):
Sec. S, Art. !!! of R.A. !o. 7610 is as clear as
day penalizes anyone who engages in or
promotes, facilitates or induces child prostitution
either by:
(1) acting as a procurer of a child prostitute, \or
(2) inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means, or
(3) by taking advantage of influence or
relationship to procure a child as a prostitute, or
(4) threatening or using violence towards a child
to engage him as a prostitute, or
(S) giving monetary consideration, goods or other
pecuniary benefits to the child with the intent to
engage such child in prostitution.
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V|. Ant|-V|o|ence
Aga|nst women
and The|r 6h||dren
Act
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Repub||c Act No. 922
Take Note of the ff. Definitions:
VioIence Against Women and their
hiIdren;
Dating ReIationship/SexuaI ReIations;
Battery/Battered Woman Syndrome;
Protection Order;
StaIking;
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Prohibited Acts:
Causing physical harm to the woman or her child,
Threatening or attempting to cause the woman or
her child physical harm,
Placing the woman or her child in fear of
imminent physical harm,
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 to
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.
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!nflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions
or decisions,
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,
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.
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.
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V||. Ant|-Honey
Launder|ng Act
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Repub||c Act No. 910
oney laundering : a crime wherein
proceeds of an unlawful activity defined are
transacted, thus making them appear to
have originated from a legitimate source."
Prohibited Acts:
1. transacting/ attempting to transact proceeds
from an unlawful activity,
2. knowingly engaging in acts to facilitate
money laundering,
. failure to report any act of / instrument
related to money laundering
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Covered Transactions : a transaction or
series of transactions involving amounts in
excess of P4Nillion within the span of five
banking days."
Covered !nstitutions: banks, financial
institutions, insurance companies, securities
and other investment companies.
TE: Take ote of the Anti-Money
Laundering Council, its jurisdiction and
powers]
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"UnIawfuI Activity":
O Hijacking,
O Kidnapping for ransom,
O Estafa/ other forms of swindling,
O Piracy,
O ]ueteng/ !llegal gambling,
O Smuggling,
O Extortion,
O violations of the 2002 Electronic
Commerce Act
violations of the 2000 Securities
Regulation Code
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6A8E|8:
REPUBLI OF THE PHILIPPINES VS.
ABRINI, GREEN AND ROSS, IN.
(2006):
# 9194 recently amended # 9160. Under
the said amendment, the Court ppeals has
the sole authority to issue freeze orders as
well as extend the effectivity of such, incl.
previous freeze orders issued by the nti-
Money aundering Council.
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V|||. Access
0ev|ces Law
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Repub||c Act No. 8484
Access Device: any card, plate, code, account
number, electronic serial number, personal
identification number, or other telecommunications
service, equipment, or instrumental identifier, or
other means of account access that can be used to
obtain money, good, services, or any other thing of
value or to initiate a transfer of funds (other than a
transfer originated solely by paper instrument),
Distinguish between an Unauthorized Access
Device, Access Device Fraudulently Applied For
and a Counterfeit Access Device.
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Some Prohibited Acts:
Producing, using, trafficking in one or more
counterfeit access devices,
Trafficking in one or more unauthorized access
devices or access devices fraudulently applied for,
sing, with intent to defraud, an unauthorized
access device,
sing an access device fraudulently applied for,
isclosing any information imprinted on the access
device, such as, but not limited to, the account
number or name or address of the device holder,
without the latter's authority or permission,
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Obtaining money or anything of value through the
use of an access device, with intent to defraud or
with intent to gain and fleeing thereafter,
Having in one's possession, without authority from
the owner of the access device or the access device
company, an access device, or any material, such
as slips, carbon paper, or any other medium, on
which the access device is written, printed,
embossed, or otherwise indicated,
Naking any alteration, without the access device
holder's authority, of any amount or other
information written on the sales slip,
Effecting transaction, with one or more access
devices issued to another person or persons, to
receive payment or any other thing of value,
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6A8E|8:
LAUREL VS. ABROGAR (2006):
f an individual steals a credit card and
illegally uses the same to obtain goods
and services, he is liable not only for
violation of # 8484 but also for
THEFT and ESTF.
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0ther
Notab|e Laws
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Anti-Wire Tapping Act # 4200);
Anti-Trafficking of Persons Act of
2003 # 9208);
"Trafficking In Persons, defined;
Mail-Order Brides;
Black-market distribution of body
parts/organs.
Anti-Hazing Law # 8049);
Anti-Hijacking Law # 6235);
E-ommerce Act of 2002;
Computer Hacking; Spreading
Computer Viruses
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Human Security Act of 2007 #
9372);
Define "Terrorism;
ttempt/Conspiracy to Commit
Terrorism;
How principals, accomplices and
accessories are punished;
Surveillance and nterception of
suspected terrorist communication/
said communication considered
"classified information;
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Anti-hiId Labor Law of 2003
# 9231)
Art Forgery Act of 2001 #
9105);
PhiIippine Passport Act of
1996 # 8293);
Penal provisions.
Government Procurement
Reform Act of 2003 # 9184);
Public biddings.
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Toxic Substances and
Hazardous/NucIear Wastes
ontroI Act # 9194);
PhiIippine Extradition Law PD
1069);
Define "Extradition.
IIIegaI Logging PD 330) and
hainsaw Act of 2002 #
9175);
Government Procurement
Reform Act of 2003 # 9184);
Public biddings.