SPECIAL PENAL LAWS If SPL penalty is the same as RPC penalty (same

Lecture Notes terminology and duration), exceeds one year, not

Judge Pimentel indivisible, ISL applies
2nd Sem., SY 2009-2010 After determining the imposable penalty, look at
aggravating, mitigating (ordinary, privileged)
circumstances
INDETERMINATE SENTENCE LAW o If privileged, court has discretion to lower
(Act No. 4103, as amended) penalty by one or two degrees
o Now, minority only results in lowering penalty
Under the Revised Penal Code (RPC), there are four by one degree
groups: Once penalty is determined, judge has discretion
o Those entitled to the Indeterminate Sentence within the range (minimum-maximum)
Law (ISL) Importance of ISL to prisoner:
o Those not entitled to the ISL o If prisoner behaves, upon serving the minimum,
o Those convicted of Estafa (Art. 315 RPC) can already apply for pardon or parole
o Those convicted of Theft (Arts. 308-309 RPC) Thats why they become religiousgood
There are RPC crimes where the accused is not entitled behavior
to ISL (see Sec. 2 ISL) If not entitled to ISL:
o National security o Offender is not entitled to have minimum
o Treason (including conspiracy, proposal, penalty lowered by one degree, he is stuck with
misprision) that penalty
o Habitual delinquent o But sentence is still indeterminate from
o Escaped from confinement minimum of that penalty to maximum of that
o Violated pardon penalty
o Indivisible penalty (life imprisonment, SC: no more straight penalty, EXCEPT if penalty is one
reclusion perpetua) year or less
o Maximum of the penalty does not exceed one If SPL has its own penalty/specific penalty:
year o Ex. penalty of 6 years to 12
o Penalty imposed is not imprisonment yearsindeterminate sentence is from 6 years
Under Special Penal Laws (SPL), accused are also as minimum to 12 years as maximum
entitled to the benefits of ISL For estafa/theft (where there is additional
o EXCEPT for Espionage (under RPC and CA imprisonment based on value/amount)
616) o Penalty is based on amount

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 o For the excess (one year imprisonment for every
P10,000 in excess of P22,000) add only to the
maximum period, in no case to exceed 20 years
If penalty is one period, the maximum is also one
period
A wrong penalty does not attain finality
PROBATION LAW
(P.D. No. 968, as amended)
6 years or less, does not belong in exceptions = entitled
to probation
Accused does not go to prison
Given the opportunity to rejoin society
This was a PD issued by Marcos
Managed by Parole and Probation Office
o Before: only Probation Office
o Persons placed on parole and those granted
conditional pardon were required to report to
the municipal judge
o Recommendation that this duty be taken away
from judges and transferred to the Parole and
Probation office
Who are qualified
o Convicted and sentenced to a penalty of
imprisonment of 6 years or less or requires
payment of a fine
Not qualified
o Those sentenced to suspension or destierro are
not entitled to probation
o Convicted of subversion, crime against national
security or public order
o Previously placed under probation
o As provided by law
Ex. RA 9165 (Dangerous Drugs Act)
But minor under 15 may be
placed on probation
Process
Immediately after judgment, 3 choices
o Appeal
o File MR (do this first)
o Apply for probation
Advantageous if you file MR, may lead to certiorari
(Rule 65), allege this already in your MR so you can
easily file certiorari later
If MR denied, apply for probation, since appeal is a
waiver of right to apply for probation; filing of Rule 65
is not a waiver of the right to apply for probation
*judge decides MR/application for probation after
lapse of period to appeal, NOT during the 15 day
period; this is to afford due process to the accused to
allow him to change his mind in his choice of remedy
Judge may order prosecutor to comment on the
application for probation, but prosecutor not required
to comply
After period to comment has lapsed, and there is no
opposition or the opposition lacks merit or has no legal
ground, judge will issue an order giving due course to
the application (but this is not a grant of probation yet)
and ordering the parole and probation officer stationed
to the court to conduct a post-sentence investigation
and to submit such investigation within a period of 60
days from receipt of the order of the court
in the same order the court will direct the
accused/applicant to report to the paroled and
probation officer within 72 hrs from receipt of copy of
the order
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 o because the first person to be interviewed by the
parole and probation officer (PPO) must be the
accused
you want to see if the accused admits to
violating the law since this is a sign of
remorse
Post-sentence investigation
o Interview
Accused
Complainant
Officials of the community
Nature of post-sentence investigation report
o This is a confidential document that cannot be
revealed to anyone but the applicant
o Person who reveals the contents of this report
to a third person commits an offense
punishable by 1 year imprisonment that is NOT
probationable
Post sentence investigation report contains
recommendation for grant or denial; court will
schedule a confidential hearing (in chambers) on the
report
If probation is denied, applicant may file MR or resort
to other remedies
If granted, court will issue an order granting probation,
the two mandatory conditions (1. Report to probation
officer who will supervise him within 72 hrs; 2. Report
at least once a month to the probation officer), and
other conditions if required by the court (see Sec. 10,
Probation Law)
To plant and care for trees, to render community
service, etc, can be required
But once these conditions are accepted, they are
mandatory and must be complied with
There is a case that seems to allow a perpetual
condition
o Frat hazing case; as compromise, accused were
required to, plead guilty to reckless imprudence
resulting in homicide, set up a foundation and
to make monthly contributions as long as they
are capable of paying; one accused asked for
clarification on how long he has to pay; SC said
that since the compromise was agreed upon by
the parties and not a court order, the
commitment must be honored
ANTI-FENCING LAW
(PD 1612)
Passed during martial law; at the time there was a
proliferation of sale of things obtained from robbery or
theft
robbery in Anti-fencing law covers all kinds of
robbery (including brigandage, highway robbery, even
piracy is included in the anti-fencing law since it is
basically robbery in waters)
theft includes all kinds of theft (qualified theft, theft
in other SPLs*)
*other kinds of theft were transferred to SPLs since it
would be easier to prove since they are now mala
prohibita
*Ex. RA 7832 that punishes theft of electricity, tapping
of electric wirings to secondary lines, and other similar
offenses
Person who sells stolen electricity, buys stolen
electricity, are they liable for fencing?
Definition
o Fencing is the act of any person who, with
intent to gain for himself or for another, shall
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 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
One who knows or ought to know/should be known to
him
o Even if you are in good faith but the
circumstances are suspicious, you are liable; ex.
you bought a Rolex watch at a very low price
from a taxi driver
o Fencing is malum prohibitum, intent is
immaterial
There need not be a previous conviction of robbery or
theft
If you are able to prove that the source of the article is
legitimate, you cannot be held criminally liable
o Ex. you bought a second hand laptop you
bought from a computer store and was issued a
receipt; you will not be held criminally liable
under anti-fencing
Is there a necessity of proving that the property subject
of fencing that was obtained from a proven robbery or
theft? NO
o Fact that the property was found in the
possession of another is theft; person who is in
possession of the same and is engaged in buying
or selling it is criminally liable for fencing
It may be hard to determine if goods are actually owned
by particular persons such as stolen rice, fish
Penalty for crime of anti-fencing is the same as theft
(Art. 309 RPC)
Usual offenders are those engaged in the business of
buying and selling second hand goods
IRR
o Station Commanders have visitorial powers
over all establishments engaged in the buying
and selling of 2nd hand goods; they can make an
inventory of goods bought and sold and those
still in the establishment
o Station Commander has absolute power to close
establishments that are found to violate the law
o Station Commander has authority to issue the
required clearance/permit/certificate of
authority
o Permit is without cost
How can we be protected if we want to buy second
hand goods?
o Ask for the receipt evidencing that the seller
bought the article he is selling; if you buy it, get
the receipt
o If no receipt?
Pawnshops will ask you to execute an
affidavit of ownership; you will have a
copy, they have a copy
Even if no formal affidavit, can state in a
piece of paper that the person is the
owner, this is sufficient
There are large-scale violations of anti-fencing law
Crime of estafa is not included in anti-fencing law
o Civil action against those who sell things which
are the product of estafa (?)
ILLEGAL POSSESSION OF FIREARMS
(PD 1866 as amended by RA 8294)
Before this was passed, there was already a law on
firearms in the Administrative Code
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 o Penalty under Admin Code was only 1 yr of
imprisonment
PD 1866 (before RA 8294) made illegal possession of
firearms a heinous crime punishable by reclusion
perpetua to death
o If unlicensed firearm used in killing a person,
penalty is death
o Not entitled to bail
o Tried by military commission
RA 8294
o Made clear what firearms are subject to license
by Firearms and Explosives Office
Acts punishable
o Possession of firearm without a license
If you will carry firearms, you must have
a license and permit to carry (PTC; if
you will carry firearms outside your
residence)
o Possession of firearm with expired license
o Possession of firearm with license in the name
of another person
o Possession of firearm even with license but
during effectivity of a proclamation cancelling
all existing license
Possession of a firearm also covers possession of parts
of a firearm and possession of ammunition
Penalties imposed depends on the caliber of firearms
o Low caliber-prision correccional maximum
.22 (except .22 Magnum Rifle)
.25
.32
.38
.40/9mm
o High caliber-prision mayor minimum
.357 Magnum
.45
.44
.50
.60
Rifles (whether .30, 5.67, armalite, m-
14, m-16, garand, carbine, Browning
Automatic Rifle)
Low caliber-MTC; high caliber-RTC
Illegal possession of explosives-punishable by prision
mayor
Explosives can be licensed even in favor of private
persons
Firearms that are exclusively used by the AFP, PNP,
and other special forces in other parts of the world
cannot be licensed to private individuals (ex. rocket
launcher, RPG, certain special rifles)
It is also an offense to carry a firearm even if licensed
without a PTC (punishable by arresto mayor)
This offense requires a negative allegation in the
information, that the accused does not have a licensed,
PTC, or is not allowed to carry a firearm
Prosecution has burden of proving that the person has
no license, evidence is testimony of representative from
FEO that the accused has no license and a certification
from the FEO that the person is not listed among those
who have license, or else the case will be dismissed
o This cannot be stipulated on because the
allegation in the information is a negative one
Transient possession is a defense
Act of having an intent to possess is punishable; no
intent to possess, not criminally liable
When firearms used in the commission of another
offense
o Absorbed in homicide or murder, becomes a
special aggravating circumstance
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 o People v. Panderangan (?)
If during the commission of a crime, an
accused uses an unlicensed firearm, the
crime of illegal possession will be
absorbed
o People v. Soriano
Must prove that the firearm was used in
the commission of the crime
OBSTRUCTION OF JUSTICE
(P.D. No. 1829)
Offshoot of Art. 19 RPC (accessories); accessories
under RPC are principals under PD 1829
Punishes acts which frustrate or tend to frustrate the
apprehension and prosecution of criminal offenders in
criminal cases
IF THERE IS NO CRIME COMMITTED, THERE IS
NO OBSTRUCTION OF JUSTICE
Sec. 1 (b) can also cover object evidence, not limited to
documents
In Sec. 1 (c), the act must be done knowingly or
willfully; there must be an unlawful purpose to conceal
an offender
Crime under RPC of use of fictitious name to conceal a
crime is also punishable under Sec. 1(d); duplication of
the offense might be an issue since the act will be
punishable under both if there is criminal intent
Sec. 1(e) punishes act of delaying the prosecution in
criminal cases AS LONG AS NO OTHER CRIME IS
COMMITTED
Sec. 1(f) punishes act of making or presenting false
objects, records, documents, etc. in criminal cases
Sec. 1 (g) punishes act of soliciting, accepting benefit in
consideration of abstaining from, discontinuing, or
impeding criminal prosecution
o Problem: in cases of estafa, malversation,
violation of SSS Law, or any other case where
money is involved, complainant is interested in
the civil aspect; once he is paid, he may execute
an affidavit of desistance; is this obstruction of
justice?
Do not use this reason for executing an
affidavit of desistance, as this may lead
to prosecution under PD 1829; state
other legal justifications for court to
dismiss the case
Ex. for estafa, there must be a written
demand
Sec. 1(h) use of threats, intimidation
Sec. 1(g) giving false information to authoritites
The law does not provide for the same exception to
relatives under Art. 19, 20 RPC (but no decided case
yet)
Lambino v. OMB (?) if arresting officers are
committing an illegal act (such as illegal or invalid
warrantless arrest, etc.) there is no obstruction of
justice in resisting the arrest; this the exercise of a right
a person to prevent an illegal act from being committed
Enrile v. Amin obstruction of justice is absorbed in
rebellion
ANTI-GRAFT AND CORRUPT PRACTICES ACT
(RA 3019, as amended)
Concerns mainly public officials and employees but
may include private individuals who, in conspiracy with
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 the public officers and employees, commits the acts o Financial interest in any business in which he
punishable intervenes
Acts may be punished separately Sec. 3(i)
Sec. 3(a) o Interest for personal gain in any act which
o Mere act of persuading, inducing, or influencing requires approval by board of which he is a
o Violation of any law member
o Both the one persuading and the one persuaded o Even if he votes against the same or does not
are liable take part in the action of the board
Sec. 3(b) Sec. 3(j)
o Similar to that in RPC o Granting license to those not qualified or
o Here, the transaction must have already been entitled
finalized; if not yet finalized, may be punished Sec. 3(k)
under another paragraph or under RPC o Divulging information
Sec. 3(c) o information includes resolutions, decisions
o In connection with giving permits/licenses Suspension
Sec. 3(d) o Before any officer can be suspended, there must
o Accepting employment in private enterprise be a pre-suspension hearing
o Extends to family members Prescriptive period shall be from the commission of the
Sec. 3(e) offense; period is 15 years
o Causing undue injury through manifest
partiality, evident bad faith, gross inexcusable
negligence
o undue injury-broad coverage, as long as
damage or prejudice was caused by the act of
the public officer
o gross inexcusable negligence if only simple
negligence, not covered
Sec. 3(f)
o Delay
o For purpose of obtaining benefit from person
interested
Sec. 3(g)
o Entering on behalf of the government
Sec. 3(h)

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