DANGEROUS DRUGS ACT

(REPUBLIC ACT NO. 9165)

It is the policy of the State :
1. to safeguard the integrity of its territory & the well-being of its citizenry, particularly the youth, from the harmful effects of
dangerous drugs on their physical & mental well-being, and
2. to defend the same against acts or omissions detrimental to their development and preservation

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
Offenders: Penalty:
1. Importer Life to Death + P500k-P10M
2. Importer Death + P10M using Diplomatic Passport
3. Financier, Organizer, Death + P10M Manager of Importation
4. Protector/Coddler 12y1d to 20y + P100k to P500k

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation of Dangerous Drugs &/or Controlled Precursors
& Essential Chemicals
Elements:
1. Identity of the buyer and the seller, the object; and
2. the consideration Delivery of the thing sold and the payment thereof

Maximum Penalty Imposed on:

a. Committed within 100m from a school
b. Use of minors or mentally incapacitated persons as runners, couriers & messengers, or in any other capacity
c. If the victim is a minor or mentally incapacitated
d. Dangerous drug is the proximate cause of death of victim
e. Organizer, Manages the unlawful acts, financier
 f. Protector/Coddler - 12y1d to 20y + P100k to P500k

Section 6. Maintenance of a Den, Dive or Resort Den, Dive or Resort - A place where any dangerous drug and/or controlled precursor and
essential chemical is administered , delivered , stored for illegal purposes , distributed , sold or used in any form .

1. Maintenance of a Den, Dive or Resort Maintenance – Life to death + P500k – P10M fine
2. Caters to minor clients – Death + P10M fine
3. Financier - Death + P10M fine
4. Protector/Coddler - 12 years 1 day – 20 years + P100k - P500k fine
5. Client dies – Death + P1M - P15M fine

*den/dive/resort shall be confiscated in favor of government

Section 7. Employees and Visitors of a Den, Dive or Resort

Imprisonment: 12y 1d - 20y + Fine: P100k - P500k
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as
such and shall knowingly visit the same

Section 11 Possession of Dangerous Drugs ( See Sec. 13 )

Life Imprisonment to Death and Fine P500k - P10M
Any person, who, unless authorized by law, shall possess * any dangerous drug in the following quantities, regardless of the degree of
purity:

Elements:
1. Person is in possession which is identified to be a prohibited drug Such possession is not authorized by law Person freely &
consciously possessed the said prohibited drug
 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 or cocaine hydrochloride;
e. 50 grams or more of methamphetamine hydrochloride or "shabu"
f. 10 grams or more of marijuana resin or marijuana resin oil;
g. 500 grams or more of marijuana; and
h. 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or
"ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having
any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated
by the Board in accordance to Section 93, Article XI of this Act. Unlawful Acts and Penalties

Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs . ( See Sec. 14 )
Imprisonment: 6 months & 1 day – 4 years Fine: P10k - P50k

Any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the
body : xxx The possession of such xxx shall be prima facie evidence that the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

Section 15. Use of Dangerous Drugs

A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a
penalty of a minimum of 6 months.
REHABILITATION in a government center for the first offense
If apprehended using any dangerous drug for the second time , he/she shall suffer the penalty of Imprisonment 6 years & 1 day to 12 years +
Fine P50k to P200k Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such
quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof
Life Imprisonment to Death + Fine of P500k to P10M

Any person, who shall plant , cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may
hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived.

Any person, who organizes, manages or acts as a " financier " of any of the illegal activities prescribed in this Section = Death + Fine of
P10M Any person, who acts as a " protector/coddler " of any violator of the provisions under this Section = Imprisonment of 12 years &
1 day - 20 years Fine of P100k to P500k

Other Unlawful Acts

Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals
Section 18 . Unnecessary Prescription of Dangerous Drugs
Section 19. Unlawful Prescription of Dangerous Drugs
Section 37. Issuance of False or Fraudulent Drug Test Results

Section 26. Attempt or Conspiracy.

Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission
of the same:
(a) Importation;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
 (e) Cultivation or culture of plants which are sources of dangerous drugs.

Section 27. Public Officer or Employee is criminally liable 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 and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed

Any elective local or national official found: To have benefited from the proceeds of the trafficking of dangerous drugs, or To have
received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs
Shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government , its
divisions, subdivisions, and intermediaries, including GOCCs

Section 29. Criminal Liability for Planting of Evidence.

Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of DEATH .

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 of
any violation of this Act.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as
Prosecution Witnesses in Dangerous Drugs Cases … who, after due notice, fails or refuses intentionally or negligently, to appear as a witness
for the prosecution in any proceedings, involving violations of this Act, without any valid reason Imprisonment of 12y & 1d - 20y + Fine of P500k
in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body.
 The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding
paragraph, 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.

Imprisonment of 2m & 1d to 6y + Fine of P10k to P50k in addition, perpetual absolute disqualification from public office.

The member of the law enforcement agency … shall not be transferred or re-assigned to any other government office located in another
territorial jurisdiction during the pendency of the case in court . However, the concerned member of the law enforcement agency or
government employee may be transferred or re-assigned for compelling reasons:

Provided , That immediate superior shall notify the court where the case is pending of the order to transfer or re-assign, within 24 hours
from its approval ; Should immediate superior fail to notify the court of such order to transfer or re-assign:

Imprisonment of 2m & 1d to 6y Fine of P10k to P50k in addition, perpetual absolute disqualification from public office

Section 92. Delay & Bungling in Prosecution of Drug Cases

Any government officer or employee tasked with the prosecution of drug-related cases under this act, who, through patent laxity,
inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases:
Imprisonment 12y & 1d to 20y- without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code.

Latest Jurisprudence on Drugs:

On Plea Bargaining

Section 13, Article II, 1987 Constitution - “The State recognizes the vital role of the youth in nation building and shall promote and protect
their physical, moral, spiritual, intellectual and social well-being. x x x”
 Section 2. Declaration of Policy
1. Safeguard its citizens particularly the youth from the harmful effects of drugs.
2. Pursue an intensive and unrelenting campaign against trafficking and use of Dangerous Drugs.
3. Provide mechanism/measures to re-integrate into society individuals who have fallen victim to drug abuse through sustainable
programs of treatment and rehabilitation.

*Sec. 23, R.A. No. 9165 - “Plea bargaining is not allowed.”

*Estipona vs Judge Lobrigo1 - “Section 23 of Republic Act No. 9165 is declared unconstitutional for being contrary to the rule-making
authority of the Supreme Court under Section 5(5), Article VIII, 1987 Constitution.
*A.M. No. 18-03-16-SC - Adoption of the Plea Bargaining Framework in Drug Cases
Coverage:
a. Section 5 (less than 1 gram of shabu; less than 15 grams of marijuana)
b. Section 11 (less than 5 grams shabu; less than 300 grams of marijuana)
c. Section 12 (possession of drug paraphernalia)
d. Section 14 (possession of drug paraphernalia in the proximate company of at least 2 persons)

What is Plea Bargaining?

- “x x x it is a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the cases subject to
Court approval x x x”
- Advantages:
a. Declogs the docket of the court;
b. Saves resources of the government;
c. The prosecution can feasibly have convictions ‘that may otherwise be difficult to obtain”

Important of Compliance of Section 21, R.A. No. 9165

1 G.R. No. 22679, 15 August 2017 (En Banc).

Leonides Quiap y Evangelista vs. People of the Philippines 2
“x x x the provisions of Section 21, Article II, Republic Act No. 9165 embody the constitutional aim to prevent the imprisonment of an
innocent man. The Court cannot tolerate the lax approach of law enforcers in handling the very corpus delicti of the crime x x x”
“x x x absences of the required insulating witnesses during the inventory and photograph of the seized item puts serious doubt as to the
integrity of the chain of custody.”

Pagal vs People3
“We need to prove the corpus delicti (body of the crime) and Section 21 is the vessel in estblishing this. Section 21, Republic Act No. 9165
must be strictly complied with.”
“Aside from establishing the elements of illegal possession, the prosecution must prove that the identity and integrity of the corpus delicti
have been preserved and established beyond reasonable doubt. The existence of dangerous drugs as the corpus delicti of the crime is condition
sine qua non for a conviction under Republic Act No. 9165. This is because illegal drugs are not readily identifiable and are easily open to
tampering, alteration, or substitution either by accident or otherwise. Accordingly, it must be proven beyond reasonable doubt tha the items
offered in court are the same items seized from the accused.”

People vs Somira4
“Chain of custody refers to the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources
of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in forensic laboratory to safekeeping
to presentation in court for destruction.”

People vs Verdadero5
“Marking is the first stage in the chain of custody and serves to separate the marked evidence from the corpus delicti of all other similar
or related evidence from the time they are seized from the accused until they are disposed of at the end of the criminal proceedings, thus
preventing switching, planting, or contamination of evidence.”

2 G.R. No. 229183, 17 February 2021.

3 G.R. No. 251894, 02 March 2022.
4 G.R. no. 252152, 23 June 2021.
5 G.R. No. 258316. November 20, 2023.
People vs Lim6
“x x x in case the presence of any or all the insulating witnesses was not obtained, the prosecution must allege and prove not only the
reasons for their absence, but also the fact that earnest efforts were made to secure their attendance. x x x”
“A sheer statement that representative were unavailable without so much as an explanation on whether serious attempts were employed
to look for other representative, given the circumstances is to be regarded as a flimsy excuse.”

People vs Taglucop7
“On the other hand, when the seizure is pursuant to a warrantless search, such as a buy-bust operation, the inventory and taking of
photographs may be conducted at the nearest police station or at the nearest office of the apprehending officer/tema. The operative phrase in
that provision is “whichever is practicable.” It indicates that, in a warrantless search, the police or apprehending officers indeed have the option
to conduct the inventory and taking of photographs of the seized items at the nearest police station or at the nearest office of the apprehending
officer/team, provided that it is practicable. Failure to comply with such requirements regarding a warrantless search shall constitute non-
compliance with the chain of custody rule.”

6 G.R. No. 231989, 24 September 2018 (En Banc).

7 G.R. No. 243577, 15 March 2022.
 CYBERCRIME LAW
(REPUBLIC ACT 10175)

Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production,
telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The
State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and
exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of
information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases,
and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by
making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat
such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing
arrangements for fast and reliable international cooperation. (Section 2)

DEFINITION OF TERMS (Section 3)

Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a
computer system or communication network.

Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.

Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such
devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device
including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the
internet.

Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including
a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages
whether stored in local computer systems or online.

Computer program refers to a set of instructions executed by the computer to achieve intended results.

Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs
automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile
phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be
connected in a network or other similar devices. It also includes computer data storage devices or media.

Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses,
excuses, court orders, justifications, or relevant principles under the law.

Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.

Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer
data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a
debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.

Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and
technologies that can be used to protect the cyber environment and organization and user’s assets.

Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored
or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.
Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of
data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices,
at the same time that the communication is occurring.

Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.

Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider,
relating to subscribers of its services other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address,
billing and payment information, available on the basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service
agreement or arrangement.

Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the
communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

CYBERCRIME OFFENSES (Section 4)

Cybercrime offenses are categorized into three:

a. Offenses against the confidentiality, integrity and availability of computer data and systems;
b. Computer-related Offenses; and
c. Content-related Offenses.

A. Offenses against the confidentiality, integrity

and availability of computer data and systems
1. Illegal Access. – The access to the whole or any part of a computer system without right.

2. Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from,
or within a computer system including electromagnetic emissions from a computer system carrying such computer data.

3. Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document,
or electronic data message, without right, including the introduction or transmission of viruses.

4. System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer
network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic
document, or electronic data message, without right or authority, including the introduction or transmission of viruses.

5. Misuse of Devices (Three types)

a. The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of a device, including
a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

b. The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of a computer
password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent
that it be used for the purpose of committing any of the offenses under this Act; or

c. The possession of an item referred to above (device, computer password, access code, etc.) with intent to use said devices for the
purpose of committing any of the offenses under this section.

6. Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive
others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time
of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
 (i) Acquired without right or with intellectual property interests in it.

B. Computer-related Offenses

1. Computer-related Forgery.
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be
considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and
intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.

2. Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the
functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.

3. Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying
information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the
penalty imposable shall be one (1) degree lower.

C. Content-related Offenses

1. Cybersex – repealed by R.A. 119308

2. Child Pornography – repealed by R.A. 119309
3. Unsolicited Commercial Communications. — declared as void and unconstitutional10

8 An Act Punishing Online Sexual Abuse or Exploitation of Children, Penalizing the Production, Distribution, Possession and Access of Child Sexual Abuse or Exploitation Materials, Amending Republic Act 9160,
otherwise known as the “Anti-Money Laundering Act of 2001”, as amended, and Repealing Republic Act 9775, otherwise known as the “Anti-Child Pornography Act of 2009”
9 Id.
10 Disini et. al., v. Secretary of Justice, G.R. No. 203335, 11 February 2014, En Banc.
 4. Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in the future.

Libel as defined under Article 353 of the Revised Penal Code is “a public and malicious imputation of a crime, or of a vice or defect, real
or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.”

Cyber libel under Section 4(c)(4) of RA 10175 is not a new crime. It is already defined and penalized under Article 353, in relation to
Article 355 of the RPC. RA 10175 simply recognizes a computer system as "similar means" of publication and makes the use of information and
communications technology (ICT) in the commission of Libel as a qualifying circumstance.11

Liability for Cyberlibel pertains only to the original author of the post but does not extend to others who simply receive the post and react
to it.12 Reacting (e.g. clicking Like or Heart to a Facebook post or posting a comment with Like, Heart or Laugh emojis) or sharing and re-tweeting
are not punishable. However, if the "Comment" does not merely react to the original posting but creates an altogether new defamatory story,
it is considered as an original posting which may be penalized if it satisfies all the elements of libel. 13

Other Offenses penalized by R.A. 10175 (Section 5)

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act
shall be held liable.

11 Causing v. People of the Phils., G.R. No. 258524, 11 October 2023.

12 Supra Note 10.
13 Id.
 Aiding or abetting and Attempt in the commission of cybercrimes do not apply to Cyberlibel under Section 4(c)(4) with respect to those
who only receive and react to an original post.14

Use of ICT in the Commission of Other Crimes

All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be (Sec. 6).

Liability under Other Laws

A prosecution under R.A. 10175 shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended, or special laws (Sec. 7).

However, one may not be charged under both Section 4(c)(4) of Republic Act 10175 and Libel Article 353 of the Revised Penal Code as it
will constitute a violation of the right of the accused against double jeopardy.15

Corporate Liability (Section 9)

1. When any of the punishable acts defined under R.A. 10175 are knowingly committed:
a. The act is committed by a natural person acting either individually or as part of an organ of the juridical person;
b. The act is committed on behalf of or for the benefit of the juridical person;
c. The natural person has a leading position within the organ of the juridical person, based on:

14 Id.
15 Supra. Note 10.
 (i) a power of representation of the juridical person, provided the act committed falls within the scope of such authority;
(ii) an authority to take decisions on behalf of the juridical person, provided, that the act committed falls within the scope of such
authority; or
(iii) an authority to exercise control within the juridical person.

2. When the commission of any of the punishable acts was due to the lack of supervision or control by a natural person referred to and
described in the preceding paragraph:
a. The act was committed by a natural person acting under the authority of the juridical person; and
b. The act was done for the benefit of that juridical person.

Note: The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed
the offense.

ENFORCEMENT AND IMPLEMENTATION

Law Enforcement Authorities (Section 10)

The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law
enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to
exclusively handle cases involving violations of this Act.

Preservation of Computer Data (Section 13)

The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for
a minimum period of six (6) months from the date of the transaction.

Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its
preservation.
Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved,
transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document
to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

Disclosure of Computer Data (Section 14)

Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit
subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in
relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of
investigation.

Search, Seizure and Examination of Computer Data (Section 15)

Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and
the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the
undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to
make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

Custody of Computer Data (Section 16)

All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration
of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement
authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit,
among other relevant data.

The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that
all such duplicates or copies are included in the package deposited with the court.16

The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of
the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.

Destruction of Computer Data (Section 17)

Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall
immediately and completely destroy the computer data subject of a preservation and examination.

16 Section 17 of R.A. 11930 provides an exception whereby LEAs may retain computer data, notwithstanding the provisions of Sections 15 and 16 of RA 10175. Whenever a cybercrime warrant is issued for an OSAEC
and CSAEM cases, LEAs shall be authorized to retain a copy of the result of digital forensic examinations for the purpose of identifying additional victims and suspects, and carrying out a further investigation, case build-
up, and referral of information, whenever the crime is found to have nexus abroad, to foreign law enforcement authorities for the conduct of a parallel investigation.
Exclusionary Rule (Section 18)

Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court
or tribunal.

Obstruction of justice in relation to cybercrime investigations (Section 20)

Failure to comply with the provisions of Chapter IV of RA 10175 (Enforcement and Implementation) specifically the orders from law enforcement
authorities shall be punished as a violation of Presidential Decree No. 1829.

Jurisdiction (Section 21)

The jurisdiction for violation of any of the provisions of RA 10175 lies with the Regional Trial Court. This includes violations committed by Filipino
nationals regardless of the place of commission.

Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or
partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense
was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

General Principles Relating to International Cooperation (Section 22)

All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or
reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal
offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force
and effect.
 ANTI-MONEY LAUNDERING
(REPUBLIC ACT NO. 9160, AS AMENDED)

Rationale for Enacting the Law

The Philippines, while striving to sustain economic development and poverty alleviation through, among others, corporate governance
and public office transparency, must contribute its share and play a vital role in the global fight against money laundering. Hence, the compelling
need to enact responsive anti-money laundering legislation in order to establish and strengthen an anti-money laundering regime in the country
which will not only increase investor’s confidence but also ensure that the Philippines is not used as a site to launder proceeds of unlawful
activities.

The AMLA

Republic Act No. 9160 otherwise known as The Anti-Money Laundering Act of 2001 was signed into law on September 29, 2001 and took
effect on October 17, 2001. The implementing Rules and Regulations took effect on April 2, 2002. On March 7, 2003, R.A. No. 9194 (An Act
Amending R.A. No. 9160) was signed into law and took effect on March 23, 2003. The revised Implementing Rules and Regulations took effect
on September 7, 2003.
Republic Act No. 9194 which took effect in 2003, expended the definition of money laundering and introduced stricter penalties and
stronger investigation powers. In the year 2012, Republic Act No. 10167 enhanced investigation and enforcement. It gave the AMLC authority
to freeze assets suspected of money laundering and allowed bank deposit inquiries for high-risk financial crimes. Republic Act No. 10365 in the
year 2013 expanded the coverage of AMLA as it included real estate broker, casinos, and jewellery dealers as covered institutions.

The most recent amendment to the Philippine Anti-Money Laundering Act is Republic Act No. 11521, which took effect on February 8,
2021. This amendment enhances measures against money laundering, expands the definition of covered persons and transactions, and
strengthens the Anti-Money Laundering Council’s (AMLC) powers.

Key changes introduced by R.A. No. 11521 includes:

- The law now includes “real estate developers and brokers,” and “offshore gaming operators, as well as their service providers,
supervised, accredited or regulated by the Philippine Amusement and Gaming Corporation (PAGCOR) or any government agency.”
- New covered transaction: for real estate developers and brokers, a single cash transaction exceeding Php 7,500,000.00 is now
considered a covered transaction.
- Strengthened AMLC powers to investigate suspicious activities and implement targeted financial sanctions related to terrorism.

Money Laundering Offenses and Penalties

c. Knowingly transacting or attempting to transact any monetary instrument/property which represents, involves or relates to the proceeds
of an unlawful activity. Penalty is 7 to 14 years imprisonment and a fine of not less P3M but nor more than twice the value of the monetary
instrument/property.
d. Knowingly performing or failing to perform an act in relation to any monetary instrument/property involving the proceeds of any unlawful
activity as a result of which he facilitated the offense of money laundering. Penalty is 4 to 7 years imprisonment and a fine of not less
than P1.5M but not more than P3M.
e. Knowingly failing to disclose and file with the AMLC any monetary instrument/property required to be disclosed and filed. Penalty is 6
months to 4 years imprisonment or a fine of not less than P100,000 but not more than P500,000, or both.

Elements of Money Laundering

 a. There is an unlawful activity;
b. Proceeds of the unlawful activity are transacted;
c. Knowledge that proceeds are from the unlawful activity; and
d. Proceeds are made to appear to have originated from legitimate sources.

Stages of Money Laundering

A thorough comprehension of the three stages – placement, layering, and integration – that illicit funds typically traverse is fundamental
to effectively tackling money laundering. These stages serve to conceal the origin of the funds, make them difficult to trace, and ultimately
enable criminals to use the money for illegal purposes without detection.

PLACEMENT

- This marks the beginning of the money laundering process (a.k.a. the money laundering stages), where dirty money is introduced
into the financial system. This stage is considered the most vulnerable for criminals, as they must find ways to deposit large
amounts of cash without raising suspicion.

Common methods used during placement include:

a. Depositing cash in smaller amounts to avoid detection;

b. Purchasing monetary instruments like checks or money orders;
c. Funneling money through cash businesses such as casinos or carwashes.

Once criminals successfully inject illicit funds into the financial system, they initiate the process of concealing their origins and
laundering the money.

LAYERING
 - It is the second stage of money laundering in which criminals engage in a series of transaction to create confusion and distance
the funds from their criminal origin. This can involve:
a. Transferring money between multiple bank accounts, often in different jurisdictions
b. Using shell companies
c. Using digital currencies to further obscure the money trail.

The objective of layering is to create a complex web of financial transaction that makes it extremely difficult for law enforcement
to trace the source of illicit funds. Criminals can further shield themselves from detection and prepare to reinfuse their laundered
funds into the legitimate economy after successfully traversing the layering stage.

INTEGRATION

- Integration is the final stage of the money laundering process, in which the laundered money is reintroduced into the legitimate
financial system, often through investments in real estate, luxury assets, or business ventures. At this point, the funds appear to
have been acquired from legitimate sources, making it difficult for authorities to distinguish between legal and illegal assets.

Successful integration allows criminals to use their laundered money for further criminal activities or to fund their personal
lifestyles with minimal risk of detection. This stage underscored the importance of robust anti-money laundering controls
and vigilance in monitoring transaction for signs of potential money laundering.

Real-World Examples of Money Laundering

Two high-profile cases that drew international attention will be examined to illustrate the complexity and global nature of money
laundering. These examples demonstrate how money laundering can involve vast networks of individuals and entities, often spanning multiple
jurisdictions and exploiting weaknesses in the financial system to conceal the illicit origins of funds.

Example 1: The Panama Papers

 The Panama Papers scandal, which broke in 2016, exposed a vast network of offshore shell companies used to facilitate money laundering
and tax evasion on a global scale. The leaked documents, which originated from the law firm Mossack Fonseca, revealed the involvement of
numerous high-profile individuals, including politicians, celebrities, and business leaders.
The scandal highlighted the role of offshore companies in abetting money laundering and tax evasion and underscored the need for greater
transparency and accountability in the financial system.

Example 2: The Danske Bank Scandal

The Danske Bank scandal, which came to light in 2013, involved the bank’s Estonian branch processing billions of dollars in suspicious
transactions, many of which were linked to prominent figures, including the family of Russian President Vladimir Putin. The case highlighted the
need for robust AML controls and oversight, as well as the importance of international cooperation in combating money laundering and financial
crime.
The Danske Bank scandal serves as a stark reminder of the potential consequences of failing to implement effective AML policies and the need
for vigilance in detecting and preventing money laundering activities.

What is an unlawful activity?

Unlawful Activity is the offense which generate dirty money or property. It is commonly called the predicate crime. It refers
to any act or omission or series or combination thereof involving or having direct relation to the following:

a. Kidnapping for ransom

b. Drug trafficking and related offenses
c. Graft and corrupt practices
d. Plunder
e. Robbery and Extortion
f. Jueteng and Masiao
g. Piracy
 h. Qualified theft
i. Swindling
j. Smuggling
k. Violations under the Electronic Commerce Act of 2000
l. Hijacking; destructive arson; and murder, including those perpetrated by terrorists against non-combatant persons and similar
targets
m. Fraudulent practices and other violations under the Securities Regulation Code of 2000
n. Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.
o. Terrorism financing and organizing or directing others to commit terrorism financing (R.A. 10168).
p. Attempt/conspiracy to commit terrorism financing and organizing or directing others to commit terrorism financing (R.A. 10168).
q. Attempt/conspiracy to commit dealing with property or funds of designated person.
r. Accomplice to terrorism financing or conspiracy to commit terrorism financing.
s. Accessory to terrorism financing.

Other Offenses and Penalties

2. Failure to keep records is committed by any responsible official or employee or a covered institution who fails to maintain and safely
store all records of all transactions of said institution, including closed accounts, for five (5) years from the date of transaction/closure
of the account. Penalty is 6 months to 1 year imprisonment or a fine of not less than P100,00 but not more than P500,000, or both.

3. Malicious is reporting is committed by any person who, with malice or in bad faith, reports/files a completely unwarranted or false
information relative to money laundering transaction against any person. Penalty is 6 months to 4 years imprisonment and a fine of
not less than P100,000 but not more than P500,000, at the discretion of the Court. The offender is not entitled to avail the benefits of
the Probation Law.

a. If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in, or allowed by their gross negligence, the commission of the crime.
b. If the offender is an alien, he shall, in addition to the penalties prescribed, be deported without further proceedings after serving
the penalties prescribed.
 c. If the offender is a public officer or employee, he shall, in shall, in addition to the penalties prescribed, suffer perpetual or
temporary absolute disqualification from office, as the case may be.

4. Breach of confidentiality. When reporting covered or suspicious transactions to the AMLC, covered institutions and their
officers/employees are prohibited from communicating directly or indirectly, in any manner or by any means, to any
person/entity/media, the fact that such report was made, the contents thereof, or any other information in relation thereto. In case
of violation thereof, the concerned official and employee of the covered institution shall be criminally liable. Neither may such
reporting be published or aired in any manner or form by the mass media, electronic mail or other similar devices. In case of a breach
of confidentiality published or reported by media, the responsible reported, writer, president, publisher, manager and editor-in-chief
shall also be held criminally liable. Penalty of 3 to 8 years imprisonment and a fine of not less than P500,000 by not more than P1M.

Which are considered COVERED INSTITUTIONS?

Covered institutions are those mandated by the AMLA to submit covered and suspicious transactions reports to the AMLC. These are:

● Banks and all other entities, including their subsidiaries and affiliates, supervised and regulated by the Bangko Sentral ng Pilipinas;
● Insurance companies, pre-need companies and all other institutions supervised or regulated by the Insurance Commission;
● Securities dealers and other entities supervised or regulated by the Securities and Exchange Commission.

What are Covered and Suspicious Transaction?

Covered transactions are single transactions in cash or other equivalent monetary instrument involving a total amount in excess of Five
Hundred Thousand (P500,000) Pesos within one (1) banking day.

Suspicious transactions are transactions with covered institutions, regardless of the amounts involved, where any of the following
circumstances exists:
 a. There is no underlying legal/trade obligation, purpose or economic justification; the client is not properly identified;
b. The amount involved is not commensurate with the business or financial capacity of the client;
c. The transaction is structured to avoid being the subject of reporting requirements under the AMLA;
d. There is a deviation form the client’s profile/past transactions;
e. The transaction is related to an unlawful activity/offense under the AMLA; and transactions similar or analogous to the above.

Freezing of Monetary Instrument or Property

The AMLC may filed before the Court of Appeals, before the verified application ex parte (without notice to the other party) after
determination that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity. The freeze
order shall be effective immediately. The freeze order shall be for a period of 20 days unless extended by the Court.

Authority to Inquire into Bank Deposits

The AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution
upon order of any competent court in cases of violation of the AMLA when it has been established that there is probable cause that the deposits
or investments involved are in any way related to a money laundering offense.

Jurisdiction of Money Laundering Cases

REGIONAL TRIAL COURT – if private individuals

SANDIGANBAYAN – it if involves public officers and private persons who are in conspiracy with public officers.
(Section 5, R.A. No. 9160 AMLA)

Prosecution of Money Laundering Cases

 a. Money laundering is independent from that of the unlawful activity.
b. Elements of the unlawful activity are separate and distinct from money laundering.
c. Elements of the unlawful activity and its details need not be established by proof beyond reasonable doubt in the prosecution of
money laundering.
d. Element of knowledge may be established by direct or circumstantial evidence.
e. The Rules of Court shall govern all proceedings concerning the prosecution of money laundering.
f. No money laundering case during election period against a candidate.

Five (5) Notorious Money Laundering Cases in the Philippines

Source: [Link]

1. The Game of the Generals: Military Corruption & Money Laundering (2004)

One of the earliest and most shocking cases of political corruption and money laundering in the Philippines involved Major General
Carlos Garcia. As a high-ranking military official, Garcia was accused of embezzling millions of pesos in public funds and laundering
the money through various channels, including real estate purchases and foreign bank accounts.

🔎 Key Money Laundering Tactics:

✅Misuse of public funds for personal gain
✅Concealing illicit wealth through family members' accounts
✅Using the banking system to launder large sums

The Investigation:

The Anti-Money Laundering Council (AMLC) tracked suspicious financial activities and uncovered millions of pesos in
unexplained wealth. Despite evidence of large-scale corruption, legal loopholes and a lengthy judicial process highlighted the
difficulty of securing convictions and recovering illicit funds in the Philippines.
 🔎 Key Takeaway: The case revealed weaknesses in financial oversight and reinforced the importance of financial transparency
in government institutions.

2. The Bangladesh Bank Heist: A Global Cybercrime Scandal (2016)

The biggest cyber heist in history made global headlines when hackers infiltrated the Bangladesh central bank, stealing $81 million.
The stolen money was funneled through Philippine banks and casinos, exposing gaps in AML regulations.

🔎 How the Laundering Happened:

✅Hackers sent fraudulent transfer requests from the Bangladesh Bank’s SWIFT system
✅The money was deposited in multiple accounts in the Philippines
✅The stolen funds were laundered through casinos, making recovery difficult

🔎 Why This Case Was a Wake-Up Call:

🔎 Casinos were not covered under AML laws at the time, creating an easy loophole
🔎 The case led to stricter AML regulations in the Philippines, including bringing casinos under AML compliance

🔎 Key Takeaway: Cybercriminals exploit weak banking controls. Financial institutions must strengthen cybersecurity measures
and monitor high-risk transactions in real-time.

3. The Shabu Tiangge Drug Syndicate & Money Laundering Case (2022)

Drug trafficking and money laundering often go hand in hand. The Shabu Tiangge case involved Sheryl Boratong, widow of
convicted drug trafficker Amin Boratong, who was found guilty of laundering drug money through banks.

🔎 How Drug Money Was Laundered:

✅Depositing large sums in small transactions to avoid detection
 ✅Using bank managers to move illicit funds into personal and business accounts
✅Transferring money through multiple accounts to obscure its origin

🔎 Convictions & Penalties:

🔎 Sheryl Boratong was sentenced to 7-13 years in prison per count of money laundering
🔎 Bank manager Godofredo Medenilla was also convicted for facilitating the illegal transfers

🔎 Key Takeaway: The case highlighted the critical role of banks in detecting suspicious transactions and the importance of
AML compliance training for financial professionals.

4. The Ylagan Case: Corporate Embezzlement & Money Laundering (2018)

Corporate fraud and money laundering collided in the Ylagan case, where a company secretary stole ₱12 million ($240,000) from
her employer over four years.

🔎 How the Fraud Was Carried Out:

✅Creating fake bank accounts under an alias
✅Forging letters to authorize fund transfers
✅Moving funds through multiple banks to obscure the source

🔎 Convictions & Penalties:

🔎 Annabella Ylagan was convicted on 55 counts of money laundering
🔎 Sentenced to 7 years per count, reinforcing the serious consequences of corporate fraud

🔎 Key Takeaway: Stronger internal controls, financial audits, and fraud detection systems are crucial to preventing corporate
financial crime.
 5. Corruption & Money Laundering in Government: Billions Lost (2015-2016)

Between 2015 and 2016, the Philippines lost an estimated $10.4 billion-$12 billion to corruption-related money laundering
schemes involving high-ranking government officials.

🔎 How Illicit Funds Were Moved:

✅Bribery and misuse of public funds
✅Transfer of stolen money to offshore accounts
✅Real estate purchases and investments in high-value assets

🔎 Law Enforcement Response:

🔎 The Anti-Money Laundering Council (AMLC) and National Bureau of Investigation (NBI) launched 222 corruption-related
investigations
🔎 The Office of the Ombudsman convicted 299 individuals for bribery and financial crime

🔎 Key Takeaway: Stronger enforcement of AML laws, transparent governance, and whistleblower protections are vital in
fighting public-sector corruption.

Money Laundering Case decided by the Supreme Court

Girlie J. Lingad vs People. G.R. No. 224945, 11 October 2022

Facts:

Background of Employment and Access

● Petitioner Girlie Lingad was employed at the Olongapo City Branch of United Coconut Planters Bank (UCPB) from January 1, 1994
until April 19, 2004.
 ● She held positions as a marketing associate and branch marketing officer trainee, which provided her with access to sensitive bank
systems including a dedicated User ID (“oloma01”) and Teller ID (2840).

Anomalous Transactions and Initial Discovery

● Prior to her departure, Lingad processed four anomalous transactions involving unauthorized account terminations and fund
withdrawals from client’s accounts
● The transactions included pretermination of money market placements and unauthorized withdrawals that subsequently were used
to credit funds into fictitious client accounts and to fund maturing placements.
● The AMLC’s fact-finding investigation, prompted by UCPB, discovered these irregularities soon after Lingad went on unauthorized
leave and eventually left for the United States.

Specific Details of the Transactions

● The first anomalous transaction involved a money market placement belonging to William Chieng and pretermination of accounts
under the name of Vittsi G. Tanjuakio with manager’s check endorsement showing discrepancies such as missing payment slips and
unexplained credits.
● Subsequent anomalous transactions continued to exhibit unauthorized withdrawals, pretermination, and fund transfers using
Lingad’s Teller and User IDs – including transactions on Novermber 4, 2002; Apirl 9, 2003; and multiple transactions in August and
December 2003.
● Detailed amounts were recorded, involving sums ranging from a few million pesos to a total overall damage to UCPB of over Php 22
million, while the alleged proceeds from qualifying theft reached approximately Php83 million.

Filing of Charges and Trial Proceedings

● An information was filed on October 5, 2006 charging Lingadd with violation of Section 4(a) Republic Act No. 9160 (AMLA), with
allegations citing qualified theft as the predicate unlawful activity.
● Upon extradition form the United States, Lingad entered her plea of not guilty.
 ● Trial proceedings ensued wherein the prosecution presented documentary evidence (manager’s checks, computer transaction logs
marked with her IDs, withdrawal records, etc.) and witness testimonies that indicated her involvement in the unauthorized
transactions.

Evidence and Prosecution’s Case

● Documents and digital records unequivocally linked the anomalous transactions to Lingad’s unique teller and user IDs, thereby
establishing her role in processing the irregular withdrawals.
● The prosecution contended that through these transactions she converted proceeds from qualified theft – an offense explicitly linked
to the proceeds of an unlawful activity – into funds that appeared to come from legitimate sources, thus committing money
laundering.
● The evidence included the absence of client payment slips, irregularities in account terminations, and discrepancies in the issuance
of receipts and manager’s checks.

Defense Claims and Counter Arguments

● Lingad claimed she did not recall processing the transactions or that they might have been executed by an unauthorized person
utilizing her credentials.
● She argued that all of her transactions were subject to supervisions and approval by bank officers, and that her limited authority and
the requirement for co-signatures under normal procedures should exonerate her.
● Additionally, her defense pointed to the absence of any internal audit findings or infractions against her prior to her unauthorized
leave, suggesting she was potentially being used as a scapegoat.

Lower Court Decisions and Sentencing

● The RTC found overwhelming evidence of Lingad’s involvement, convicting her for money laundering based on her processing of the
anomalous transactions.
● On August 8, 2013, the RTC rendered a guilty verdict, and later, the CA affirmed this decision in decisions rendered on December 11,
2015, and subsequent resolutions on June 2, 2016.
 ● The sentencing imposed was indeterminate imprisonment (7 to 13 years), a fine of Php 34,099,195.85 and other accessory penalties,
with orders noting that she had served the maximum penalty and was due for release unless detained on other grounds.

Clarification of Legal Framework and Subsequent Orders

● The appellate rulings reiterated that the money laundering offense, as defined under Section 4(a) of the AMLA, did not require proof
of perpetrator’s direct participant in the predicate crime (qualified theft), but only that the proceeds from such crime had been
transacted.
● The legal debates centered on the independent prosecution of the money laundering offense vis-à-vis the underlying unlawful
activity, a point underscored by both statutory amendments and international best practices.
● Ultimately, the en banc decision denied Lingad’s petition for review on certiorari, affirming her conviction and order of release given
the completion of her maximum sentence.

Issue/s:

Sufficiency of Evidence
● Whether the prosecution proved beyond reasonable doubt that Lingad processed the anomalous transactions using her personal
credentials.
● Whether the documentary evidence conclusively linked the transactions to her.

Element of Unlawful Activity

● Whether it was established that the proceeds transacted derived from an unlawful activity, specifically qualified theft, as required
under the AMLA.
● Whether the prosecution needed to prove all elements of the predicate crime beyond reasonable doubt or only the unlawfulness of
the proceeds.

Independent Prosecution of Money Laundering

 ● The issue of whether the independent proceeding requires the predicate crime’s elements to be established beyond reasonable
doubt within the money laundering case itself.

Ruling:

The Court found overwhelming evidence, including positive testimonies and diocuments bearing her signature, initials, User ID, or
Teller ID, proving that Lingad processed the anomalous transactions.

Her position as a marketing associate/trainee gave her access to the bank’s computer system and vaults, enabling her to commit
the acts.

Her defense of denial and frame-up was self-serving and unsubstantiated, failing to overcome the strong evidence against her.

Her unjustified flight to the United States without proper clearance was deemed a strong indication of guilt, showing she was evading
investigation.

Section 69b) of R.A. No. 9160, as amended by R.A. No. 10365, explicitly states that the prosecution of any offense under the Act shall
proceed independently of any proceeding relating to the unlawful activity.

The elements of money laundering are separate and distinct from the elements of the unlawful activity; the identity of the
perpetrators and details of the unlawful activity need not be established by proof beyond reasonable doubt *in the case for money
laundering* (as per IRR).

However, the Court clarifies that an elements of the money laundering offense is that the property involved constitutes proceeds
from an unlawful activity. Therefore, it *must still be proven beyond reasonable doubt* that the money or property forms proceeds from
an unlawful activity, which entails proving beyond reasonable doubt particular elements of that unlawful activity.

The money launderer and the perpetrator of the unlawful activity may be different persons; the law only requires the money
launderer to know that the proceeds came from an unlawful activity.
References:

1. Republic Act No. 9160 – “Anti-Money Laundering Act of 2001”

2. Implementing Rules and Regulations of Republic Act No. 9160
3. Republic Act No. 9194 – “An Act Amending AMLA of 2001”
4. Republic Act No. 10167 – “An Act to Further Strengthen the Anti-Money Laundering Law, Amending for the Purpose Sections 10 and 11
of Republic Act No 9160, otherwise known as the AMLA 2001”, as amended, and for other Purposes”
5. Republic Act No. 10365 – “An Act Further Strengthening the Anti-Money Laundering Law, Amending for the Purpose Republic Act No.
9160, otherwise known as the “Anti-Money Laundering Act of 2001”, as Amended.
6. Girlie J. Lingad vs People. G.R. No. 224945, 11 October 2022
7. [Link]

TERRORISM
(REPUBLIC ACT NO. 11479 OR THE ATA 2020)
Anti-Terrorism Council (Sec.45 ) (Rule III)
The ATC shall assume the responsibility for the proper and effective implementation of the state policies against terrorism.
It shall formulate and adopt plans, programs, and measures to eradicate commission of terrorism in the country

Composition of the Anti-Terrorism Council (RULE 3.2)

Executive Secretary, Chairperson
 National Security Adviser, V-Chairperson
DFA Secretary
DND Secretary
DILG Secretary
DOF Secretary
DOJ Secretary
DICT Secretary
AMLC Secretariat

Extra-territorial Application
1. Within Philippine territory
2. Outside of Philippine territory

● Filipino citizen who commits any of the proscribed acts outside the territorial jurisdiction of the Philippines
● Individual persons who commit any of the proscribed acts:
● inside the territorial limits of the Philippines
● onboard Philippine ship or Philippine airship
● within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official
capacity
● against Philippine citizens or persons of Philippine descent, where their citizenship or ethnicity was a factor in the
commission of the crime
● commit the proscribed acts directly against the Philippine government.

What is terrorism? (Sec. 4, ATA) (Rule 4.3)

Elements of Terrorism
 ● cause death or serious bodily injury to any person, or endangers a person’s life
● cause extensive damage or destruction to a government or public facility, public place, or private property
● cause extensive interference with, damage, or destruction to critical infrastructure
● Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological,
or chemical weapons
● Release of dangerous substances, or causing fire, floods, or explosion

Purpose of Terrorism

● Intimidate the public

● Create an atmosphere or spread a message of fear
● Provoke or intimidate the government or any international organization
● Seriously destabilize or destroy the fundamental, political, economic, or social structures of the country
● Create a public emergency or undermine public safety

When an act is not terrorism?

Acts listed must not be intended to cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk
to public safety

● Advocacy
● Protest
● Dissent
● Stoppage of work
● Industrial or mass
● action
● Creative, artistic,
● and cultural expression
● Other similar
● exercises of civil and political rights
Threat to commit terrorism (Sec.5) (Rule 4.5)

It shall be unlawful for any person to threaten to commit the crime of terrorism as defined in Section 4 of the ATA 2020.

There is a threat to commit terrorism when an intent to commit terrorism as defined in Section 4 of the Act is communicated by any
means to another person or entity under circumstances that indicate the credibility of the threat.
Any person found guilty shall be imprisoned for 12 years.

Planning, training, preparing and facilitating the commission of terrorism (Sec. 6)(Rule 4.6)

It is illegal to do any of the ff:

● Participate in the planning, training, preparation, and facilitation of the commission of terrorism
● possess objects with knowledge or intent that these are to be used in the preparation for terrorism
● collect or make documents with knowledge or intent that these are to be used in the preparation for terrorism

Any person found guilty shall be imprisoned without the benefit of parole and the benefits of Republic Act of No. 10592.

“Training” shall refer to the giving of instruction or teaching designed to impart a specific skill in relation to terrorism, as defined under
Section 4 of the Act, as opposed to general knowledge.

Conspiracy to commit terrorism (Sec. 7)(Rule 4.7)

There is a conspiracy to commit terrorism when 2 or more persons come to an agreement concerning the commission of terrorism as
defined in section 4 of the act and decide to commit the same.

Prosecution for this crime shall not be a bar to prosecution of acts of terrorism defined and penalized under Section 4 of the Act.
 Any person found guilty shall suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic Act. o.
10592.

There is proposal to commit terrorism when a person who has decided to commit terrorism as defined under Section 4 of the Act proposes
its execution to some other person or persons.

Any such person found guilty therefor shall suffer the penalty of imprisonment of twelve (12) years.

Inciting to commit terrorism (Sec. 9)(Rule 4.9)

Without taking any direct part in the commission of terrorism, he/she incites others to do any of the acts of terrorism by means of
speeches, proclamations, writings, emblems, banners, or other representations tending to the same end.
Reasonable probability of inciting is determined by the following:

• Context
• Speaker/actor
• Intent
• Content and form
• Extent of the speech or act
• Causation
• The penalty is imprisonment of 12 years.

Recruitment to and membership in a terrorist organization (Sec. 10) (Rule 4.10)

Any person who shall recruit another to participate in, join, commit or support, terrorism, a terrorist individual, any terrorist organization,
association or group of persons shall suffer the penalty of life imprisonment without the benefit of parole (RA 10592)
Foreign Terrorist (Sec. 11)

The following acts are unlawful and shall be punished with the penalty of life imprisonment without the benefit of parole;

For any person to travel or attempt to travel to a state other than his/her state of resident or nationality, for the purpose of perpetrating,
planning, or preparing for, or participating in terrorism, or providing or receiving terrorist training;

For any person to organize or facilitate the travel of individuals who travel to a state other than their states of residence or nationality
knowing that such travel is for the pursepo of perpetrating, planning, training, or preparing for, or participating in terrorism or providing or
receiving terrorist training; or

For any person residing abroad who comes to the Philippine to participant in perpetrating, planning, training, or preparing for, or
participating in terrorism or provide support for or facilitate or receive terrorist training here or abroad.

Rule 4.11 Organizing or facilitating travel for purposes related to the commission of terrorism

It shall be unlawful for any person to organize or facilitate the travel of individuals to a state other than their state of residence or
nationality knowing that such travel is for the purpose of:

a. recruitment to a terrorist organization;

b. perpetrating, planning, training, preparing for, or participating in terrorism; or
c. providing or receiving terroris training.

The act of facilitating travel for purposes of this Rule includes the act financing such travel.

Any such person found guilty therefor shall suffer the penalty of life imprisonment without the benefit of parole and benefits of Republic
Act No. 10592.
 The act of organizing or facilitating travel for the purpose stated in this Rule may be committed through any of the following means:

a. recruiting another person to serve in any capacity in or with an armed force in a foreign state, whether the armed force forms
part of the armed forces of the government of that foreign state or otherwise;
b. publishing an advertisement or propaganda for the purpose of recruiting persons to serve in any capacity in or with such an armed
force;
c. publishing an advertisement or propaganda containing any information relating to the place at which or the manner in which
persons may make applications to serve or obtain information relating to service in any capacity in or with such armed force or
relating to the manner in which persons may travel to a foreign state for the purpose of serving in any capacity in or with such
armed force; or
d. performing any other act with the intention of facilitating or promoting the recruitment of persons to serve in any capacity in or
with such armed force.

Rule 4.12 Membership in a terrorist organization

It shall be unlawful for any person to voluntarily and knowingly join any organization, association, or group of persons knowing that such
organization, association, or group of persons is:

a. proscribed under Section 26 of the Act;

b. designated by the United Nations Security Council as a terrorist organization; or
c. organized for the purpose of engaging in terroris as defined in Section 4 of the ATA 2020.

Any such person found guilty therefor shall suffer the penalty of imprisonment of twelve (12) years.

Providing Material Support to Terrorists and Humanitarian Exemptions (Sec.12) (Rule 4.14)
 Humanitarian activities undertaken by the International Committee of the Red Cross (ICRC), the Philippine Red Cross (PRC), and other
state-recognized impartial humanitarian partners or organizations in conformity with the International Humanitarian Law (IHL), do not fall within
the scope of Section 12 of this Act.

“Material Support” is defined in Section 3, par. e of the ATA such that the term: - shall refer to any property, tangible or intangible, or
service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance,
safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (one
or more individuals who may be or include oneself), and transportation.”

Liability as Accessory (Sec. 14) (Rule 4.15)

Section 14. Any person who, having knowledge of the commission of any of the crimes defined and penalized under Section 4 of this Act,
without having participated therein, takes part subsequent to its commission in any of the following manner:

a. by profiting himself or assisting the offender to profit by the effect of the crime;
b. by concealing or destroying the body of the crime, or the effect, or instruments thereof, in order to prevent its discovery; or
c. by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall be liable as an accessory and
shall suffer the penalty of imprisonment of 12 years. NO PERSON, REGARDLESS OF RELATIONSHIP OR AFFINITY, SHALL BE EXEMPT
FROM LIABILITY UNDER THIS SECTION.

Permissible Surveillance of suspected persons, interception, and recording of communications ( Sec. 16)( Rule 5)

LEA/MP ex parte application before the Court of Appeals

• Permission to wiretap, intercept, record or collect, private communications, data, and information
• Order to compel Telecommunications Service Providers and Internet Service Providers (Rule 5.4)

Exception:

● Lawyer-client privilege
 ● Doctor-patient
● journalist and their source
● private business correspondence

Procedure for Permissible Surveillance:

a. LEA/MP exparte application before the Court of Appeals

- permission to wiretap,intercept, record or collect private communications, data, and information
- order to compel the TSPs and ISPs
- Exception:
● Lawyer-client privilege
● Doctor-patient
● journalist and their source
● private business correspondence

b. Determination of Probable Cause by the Court of Appeals - ex parte hearing and examination of witnesses under oath
● Act/s of terrorism
● Evidence to be obtained will convict or prevent the commission of the crime
● Probable cause based on personal knowledge of facts and evidence

c. Issuance of Order by the Court of Appeals

● Content- identity fo suspect, medium or system intercepted and location; identify of the LEA/MP; offense sought to
be prevented; duration
● Maximum of 60 days
● May be extended to non-extendible period of 30 days

d. File Complaint with the Prosecutor

● Within 30 days from the expiration of the Court Authorization. Otherwise, LEA/MP should inform the court of the
case filed
● If no case filed, mandatory notice and reason for non-filing by the LEA/MP
 Procedure for Proscription of Terrorist Groups
1. Court of Appeals - hear and decide application for proscription to declare any group of persons, organization or association as a
terrorist and outlawed group of persons, organization or association.
2. The verified application is filed by the Department of Justice (DOJ), with authorization from the ATC and recommendation from
the National Intelligence Coordinating Agency (NICA).
3. Preliminary order of proscription is issued, within 72 hours from the filing of the application, when the CA makes a finding of
probable cause, that the issuance of an order of proscription is necessary to prevent the commission of terrorism.

Detention without Judicial Warrant of Arrest

The ATC is empowered to authorize any law enforcement agent or military personnel to arrest any person suspected of committing any
of the proscribed acts. The person arrested may be detained, without any warrant, for a period of 14 calendar days, subject to a 10-day
extension if it is established that:
a. further detention of the person/s is necessary to preserve evidence related to the terrorism or complete the investigation;
b. further detention of the person/s is necessary to prevent the commission of the another terrorism; and
c. the investigation is being conducted properly and without delay.

References:
1. Republic Act No. 11479 or the “ATA 2020”
2. Implementing Rules and Regulations of ATA 2020
 TERRORISM FINANCING
(REPUBLIC ACT NO. 10168 OR THE TFPSA 2012)

Terrorism Financing under Section 4 is committed by any person.

Act - possesses, provides, collects, uses, or makes available property or funds

Intent - to be used or with the knowledge that they be used
For what - carry out or facilitate a terrorist act
By whom - terrorist organization, association or group, orby an individual terrorist

Note! IT IS NOT NECESSARY that the funds are actually used to carry out a crime or a terrorist act.
Section 8. Prohibition Against Dealing with Property or funds of Designated Persons. - Any person who, not being an accomplice under Section
6 or accessory under Section 7 in relation to any property or fund: (i) deals directly or indirectly, in any way and by any means, with any property
or fund that he knows or has reasonable ground to believe is owned or controlled by a designated person, organization, association or group of
persons, including funds derived or generated from property or funds owned or controlled, directly or indirectly, by a designated person,
organization, association, or group of persons; or (ii) makes available any property or funds, or financial services or other related services to a
designated and/or identified person, organization, association, or group of persons, shall suffer the penalty of reclusion tempora, in its maximum
period to reclusion perpetua and a fine of not less than Php 500,000.00 nor more than Php 1,000,000.00

2 Punishable Acts under Section 8, TFPSA 2012:

First: DEALING property or funds

Second: MAKING AVAILABLE property of funds, financial services or other related services

Elements of the 1st Type:

a. Committed by any person, not an accessory or accomplice;
b. Deals directly or indirectly with any property or funds;
c. Property or funds owned or controlled by a designated person, organization, association or group of persons;
d. KNowledge that funds or property are owned or controlled by a designated person, organization, association or group of persons.

Elements of the 2nd Type:

a. Committed by any person, not an accessory or accomplice;
b. Makes available any property or funds, or financial services or other related services; and
c. To a designated person, organization, association or group of persons.

Section 4, TFPSA (Terrorism Financing) vs

Section 8, TFPSA (Dealing) vs
Section 12, ATA 2020 (Providing Material Support)
 Section 4, TFPSA Section 8, TFPSA Section 12, ATA 2020

Who commits? Any person Any person who, not being an Any person
accomplice under Sec. 6 or
accessory under Section 7

Act punishable Any person who, directly or (i) deals directly or indirectly, in Any person who provides material
indirectly, willfully and without any way and by any means, with support to any terrorist individual
lawful excuse, possesses, any property or fund that he or terrorist organization,
provides, collects, or uses knows or has reasonable ground association or group of persons
property or funds or makes to believe is owned or controlled committing any of the acts
available property, funds or by a designated person, punishable under Section 4, ATA
financial services or other related organization, association or group 2020.
services. of persons, including funds
derived or generated from
property or funds owned or
controlled, directly or indirectly by
a designated person, organization,
association or group of persons;

(ii) makes available any property

or funds, or financial services or
other related services to a
designated and/or identified
person, organization, association,
or group of persons

Knowledge with knowledge that they are to he knows or has reasonable Knowing that such individual or
be used, in full or in part: (a) to ground to believe is owned or organization, association, or group
carry out or facilitate the controlled by a designated person, of person is committing or
 commission of any terrorist act; organization, association or group planning to commit such acts
(b) by a terrorist organization, of persons
association or group of persons; or
(c ) by an individual terrorist. Note! KNOWLEDGE is only
required in the First Type.

Criminal Liability reclusion temporal in its maximum reclusion temporal in its maximum liable as principal to any and all
period to reclusion perpetua and period to reclusion perpetua and a terrorist activities committed by
fine not less than Php500,000.00 fine not less than Php500,000.00 said individuals or organization, in
nor more than Php1,000,000.00 nor more than Php1,000,000.00 addition to other criminal
liabilities he/she or they may have
incurred in relation thereto

Extra-Territorial Application of the Provision of TFPSA

1. The TF Suppression Act shall apply to individual persons who, although outside the territorial limits of the
Philippines:
> commit, conspire or plot to commit Terrorism Financing violations inside the Philippine territorial limits;
> commit Terrorism Financing violations on board a Philippine ship or airship;

2. Commit TF violations against Philippine citizens or persons of Philippine descent when such citizenship is a
factor in committing the violation;
3. Commit TF violations directly against the Philippine Government.17

17 Section 19, TFPSA 2012.

 MOST COMMON CRIMES UNDER
THE REVISED PENAL CODE and Related Laws

I. CRIMES AGAINST PROPERTY

A. Estafa
B. Theft
C. Qualified Theft
D. Robbery
E. Carnapping

II. CRIMES AGAINST PERSONS

A. Murder
B. Homicide
a. Attempted Homicide
C. Physical Injuries
a. Serious Physical Injuries
b. Less Serious Physical Injuries
c. Slight Physical Injuries
D. Rape
a. Attempted Rape
 III. CRIME AGAINST CHASTITY
A. Acts of Lasciviousness

IV. SEXUAL ABUSE UNDER R.A. NO. 7610

A. Sexual Abuse
B. Lascivious Conduct

I. CRIMES AGAINST PROPERTY

A. ESTAFA under Article 315 of the Revised Penal Code as amended by Section 85 of R.A. No. 10951

Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall
be punished by:

"1st. The penalty of prisión correccional in its maximum period to prisión mayor in its minimum period, if the amount of
the fraud is over Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four million four hundred
thousand pesos (₱4,400,000), and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be
imposed in its maximum period, adding one year for each additional Two million pesos (₱2,000,000); but the total penalty
which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which
may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prisión mayor or
reclusion temporal, as the case may be.

"2nd. The penalty of prisión correccional in its minimum and medium periods, if the amount of the fraud is over One
million two hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred thousand pesos
(₱2,400,000).
"3rd. The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if such amount is
over Forty thousand pesos (₱40,000) but does not exceed One million two hundred thousand pesos (₱1,200,000).

"4th. By arresto mayor in its medium and maximum periods, if such amount does not exceed Forty thousand pesos
(₱40,000): Provided, That in the four cases mentioned, the fraud be committed by any of the following means:

"1. With unfaithfulness or abuse of confidence, namely:

"(a) altering the substance, quantity, or quality of anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such obligation be based on an immoral or illegal
consideration.

"(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal
property received by the offender in trust or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the same, even though such obligation be
totally or partially guaranteed by a bond; or by denying having received such money, goods, or other
property.

"(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the offended party or any third person.

"2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the
commission of the fraud:

"(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property,
credit, agency, business or imaginary transactions, or by means of other similar deceits.

"(b) By altering the quality, fineness or weight of anything pertaining to his art or business.

"(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny
which the offended party may deem proper to bring against the offender. In this case, the offender shall
be punished by the maximum period of the penalty.
 "(d) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds
in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure
of the drawer of the check to deposit the amount necessary to cover his check within three (3) clays from
receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or
insufficiency of funds shall be prime facie evidence of deceit constituting false pretense or fraudulent act.

"Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) hereof
shall be punished by:

"1st The penalty of reclusion temporal in its maximum period, if the amount of fraud is over Four million four
hundred thousand pesos (₱4,400,000) but does not exceed Eight million eight hundred thousand pesos
(₱8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.

"2nd. The penalty of reclusion temporal in its minimum and medium periods, if the amount of the fraud is over
Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four million four hundred thousand
pesos (₱4,400,000).

"3rd. The penalty of prisión mayor in its maximum period, if the amount of the fraud is over One million two
hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred thousand pesos (₱2,400,000).

"4th. The penalty of prisión mayor in its medium period, if such amount is over Forty thousand pesos (₱40,000)
but does not exceed One million two hundred thousand pesos (₱1,200,000).

"5th. By prisión mayor in its minimum period, if such amount does not exceed Forty thousand pesos (₱40,000).

"3. Through any of the following fraudulent means:

"(a) By inducing another, by means of deceit, to sign any document.

"(b) By resorting to some fraudulent practice to insure success in a gambling game.

 "(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or
any other papers."

What is Estafa?

Otherwise known as "swindling", Estafa is committed by any person who shall DEFRAUD another by any of the means mentioned in the
Revised Penal Code.

ELEMENTS[1] of Estafa in general:

1. That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

Ways of committing Estafa

a. with unfaithfulness or abuse of confidence;
b. by means of false pretense or fraudulent means;
c. through fraudulent means.

The three ways of committing Estafa under Article 315 may be reduced to two only: The first form under subdivision No. 1 is known as
estafa with abuse of confidence, and the second and third forms under subdivisions Nos. 2 and 3 cover Estafa by means of deceit. [2]

It is an essential element of the crime of estafa that the money or goods misappropriated or converted by the accused to the prejudice
of another was received by him "in trust, or on commission, or for administration, or under any other obligation involving the duty to deliver, or
to return, the same." The phrase contemplates receipt of the thing by virtue of a fiduciary relationship between the parties, or transactions
where juridical possession of the item is transferred to the accused. Mere receipt of the property does not satisfy this element, wherein the
accused is entrusted only with material possession of the thing.[3]
 Verily, an employee who receives money or property in behalf of the employer is not vested with juridical possession but only physical
or material possession. An employee cannot be considered as an agent if the duty to collect is imposed by reason of his employment, thus:

It bears to stress that a sum of money received by an employee on behalf of an employer is considered to be only in the material
possession of the employee. The material possession of an employee is adjunct, by reason of his employment, to a recognition of the juridical
possession of the employer. So long as the juridical possession of the thing appropriated did not pass to the employee-perpetrator, the offense
committed remains to be theft, qualified or otherwise. Hence, conversion of personal property in the case of an employee having mere material
possession of the said property constitutes theft, whereas in the case of an agent to whom both material and juridical possession have been
transferred, misappropriation of the same property constitutes Estafa.[4]

The requirements to prove estafa involving unfaithfulness or abuse of confidence under Article 315, paragraph 1(b) of the RPC are the
following:

(a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration, or under
any other obligation involving the duty to make delivery of, or to return the same:

(b) that there be misappropriation or conversion of such money or property by the offender or denial on his part of such receipt;

(c) that such misappropriation or conversion or denial is to the prejudice of another; and

(d) that there is a demand made by the offended party on the offender.[5]

When the money, goods, or any other personal property is received by the offender from the offended party (1) in trustor (2) on
commission or (3) for administration, the offender acquires both material or physical possession and juridical possession of the thing received.
Juridical possession means a possession which gives the transferee a right over the thing which the transferee may set up even against the
owner. In this case, petitioner was a cash custodian who was primarily responsible for the cash-in-vault. Her possession of the cash belonging to
the bank is akin to that of a bank teller, both being mere bank employees.[6]
B. THEFT (Articles 308 and 309 of the RPC as amended by Section 81 of R.A. No. 10951)

Article 308. Who are liable for theft. - Theft is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another, shall remove or make use of the fruits
or object of the damage caused by him; and
3. Any person who shall enter an inclosed estate or a field where trespass is forbidden or which belongs to another and
without the consent of its owner, shall hunt or fish upon the same or shall gather cereals, or other forest or farm
products.

Art. 309. Penalties. - Any person guilty of theft shall be punished by:

"1. The penalty of prisión mayor in its minimum and medium periods, if the value of the thing stolen is more than One
million two hundred thousand pesos (₱1,200,000) but does not exceed Two million two hundred thousand pesos
(₱2,200,000); but if the value of the thing stolen exceeds the latter amount, the penalty shall be the maximum
period of the one prescribed in this paragraph, and one (1) year for each additional One million pesos (₱1,000,000),
but the total of the penalty which may be imposed shall not exceed twenty (20) years. In such cases, and in
connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this
Code, the penalty shall be termed prisión mayor or reclusion temporal, as the case may be.

"2. The penalty of prisión correccional in its medium and maximum periods, if the value of the thing stolen is more
than Six hundred thousand pesos (₱600,000) but does not exceed One million two hundred thousand pesos
(₱1,200,000).
 "3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property stolen is more
than Twenty thousand pesos (₱20,000) but does not exceed Six hundred thousand pesos (₱600,000).

"4. Arresto mayor in its medium period to prisión correccional in its minimum period, if the value of the property stolen
is over Five thousand pesos (₱5,000) but does not exceed Twenty thousand pesos (₱20,000).

"5. Arresto mayor to its full extent, if such value is over Five hundred pesos (₱500) but does not exceed Five thousand
pesos (₱5,000).

"6. Arresto mayor in its minimum and medium periods, if such value does not exceed Five hundred pesos (₱500).

"7. Arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), if the theft is committed under the
circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not
exceed Five hundred pesos (₱500). If such value exceeds said amount, the provisions of any of the five preceding
subdivisions shall be made applicable.

"8. Arresto menor in its minimum period or a fine of not exceeding Five thousand pesos (₱5,000), when the value of
the thing stolen is not over Five hundred pesos (₱500), and the offender shall have acted under the impulse of
hunger, poverty, or the difficulty of earning a livelihood for the support of himself or his family."

What is Theft?

"Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things,
shall take personal property of another without the latter's consent.“ If committed with grave abuse of confidence, the crime of theft
becomes qualified.[7]

Elements of Theft:

1. That there be taking of personal property;

2. That said property belongs to another;
 3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the owner;
5. That the taking be accomplished without the use of violence or intimidation against of persons, or force upon things.[8]

C. QUALIFIED THEFT (Article 310 of the RPC in relation to Article 308 and 309 as amended by Section 81 of R.A. No. 10951)

Article 310. Qualified theft. - The crime of theft shall be punished by the penalties next higher by two degrees than those
respectively specified in the next preceding article, if committed by a domestic servant, or with grave abuse of confidence,
or if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of
the plantation or fish taken from a fishpond or fishery, or if property is taken on the occasion of fire, earthquake, typhoon,
volcanic erruption, or any other calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg.
71. May 1, 1980).

Elements of Qualified Theft:

1. There was a taking of personal property;

2. The said property belongs to another;
3. The taking was done without the consent of the owner;
4. The taking was done with intent to gain;
5. The taking was accomplished without violence or intimidation against person, or force upon things; and
6. The taking was done under any of the circumstances enumerated in Article 310 of the RPC, i.e., with grave abuse of confidence.[9]

D. ROBBERY

Article 293. Who are guilty of robbery. - Any person who, with intent to gain, shall take any personal property belonging to another, by
means of violence or intimidation of any person, or using force upon anything shall be guilty of robbery.
Section One. - Robbery with violence or intimidation of persons.

Article 294. Robbery with violence against or intimidation of persons; Penalties. - Any person guilty of robbery with the use of violence
against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall
have been committed.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua when the robbery shall have been
accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries
penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, that when the robbery accompanied
with rape is committed with a use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua
to death (As amended by PD No. 767).
3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the physical injuries penalized
in subdivision 2 of the article mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium period, if the violence or
intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when the course of its execution, the offender shall have inflicted upon any person not
responsible for its commission any of the physical injuries covered by sub-divisions 3 and 4 of said Article 23.
5. The penalty of prision correccional in its maximum period to prision mayor in its medium period in other cases. (As
amended by R. A. 18).

Article 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road
or alley. - If the offenses mentioned in subdivisions three, four, and five of the next preceding article shall have been committed in an
uninhabited place or by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's
compartments in a train or, in any manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road,
 highway, or alley, and the intimidation is made with the use of a firearm, the offender shall be punished by the maximum period of the
proper penalties.

In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.
Article 296. Definition of a band and penalty incurred by the members thereof. - When more than three armed malefactors take part in
the commission of a robbery, it shall be deemed to have been committed by a band. When any of the arms used in the commission of
the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be the maximum of the corresponding
penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed firearms.
Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults
committed by the band, unless it be shown that he attempted to prevent the same.

Article 297. Attempted and frustrated robbery committed under certain circumstances. - When by reason or on occasion of an attempted
or frustrated robbery a homicide is committed, the person guilty of such offenses shall be punished by reclusion temporal in its maximum
period to reclusion perpetua, unless the homicide committed shall deserve a higher penalty under the provisions of this Code.
Article 298. Execution of deeds by means of violence or intimidation. - Any person who, with intent to defraud another, by means of
violence or intimidation, shall compel him to sign, execute or deliver any public instrument or documents, shall be held guilty of robbery
and punished by the penalties respectively prescribed in this Chapter.

Art. 299 as amended by Section 79 of R.A. No. 10951. Robbery in an inhabited house or public building or edifice devoted to worship. -
Any armed person who shall commit robbery in an inhabited house or public building or edifice devoted to religious worship, shall be
punished by reclusion temporal, if the value of the property taken shall exceed Fifty thousand pesos (₱50,000), and if—

"(a) The malefactors shall enter the house or building in which the robbery was committed, by any of the following means:

"1. Through an opening not intended for entrance or egress.

"2. By breaking any wall, roof, or floor or breaking any door or window.
 "3. By using false keys, picklocks or similar tools.

"4. By using any fictitious name or pretending the exercise of public authority.

"Or if—

"(b) The robbery be committed under any of the following circumstances:

"1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle.

"2. By taking such furniture or objects away to be broken or forced upon outside the place of the robbery.

"When the offenders do not carry arms, and the value of the property taken exceeds Fifty thousand pesos (₱50,000), the
penalty next lower in degree shall be imposed.

"The same rule shall be applied when the offenders are armed, but the value of the property taken does not exceed Fifty
thousand pesos (₱50,000).

"When said offenders do not carry arms and the value of the property taken does not exceed Fifty thousand pesos
(₱50,000), they shall suffer the penalty prescribed in the two (2) next preceding paragraphs, in its minimum period.

"If the robbery be committed in one of the dependencies of an inhabited house, public building, or building dedicated to
religious worship, the penalties next lower in degree than those prescribed in this article shall be imposed."

Article 300. Robbery in an uninhabited place and by a band. - The robbery mentioned in the next preceding article, if committed in an
uninhabited place and by a band, shall be punished by the maximum period of the penalty provided therefor.
Article 301. What is an inhabited house, public building or building dedicated to religious worship and their dependencies. - Inhabited
house means any shelter, ship or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery is committed.
All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other departments or inclosed places contiguous to
the building or edifice, having an interior entrance connected therewith, and which form part of the whole, shall be deemed
dependencies of an inhabited house, public building or building dedicated to religious worship.
Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed,
contiguous to the building and having direct connection therewith.
The term "public building" includes every building owned by the Government or belonging to a private person not included used or
rented by the Government, although temporarily unoccupied by the same.

Art. 302 as amended by Section 80 of R.A. No. 10951. Robbery in an uninhabited place or in a private building. - Any robbery committed
in an uninhabited place or in a building other than those mentioned in the first paragraph of Article 299, if the value of the property taken
exceeds Fifty thousand pesos (₱50,000), shall be punished by prisión correccional in its medium and maximum periods provided that any
of the following circumstances is present:

"1. If the entrance has been effected through any opening not intended for entrance or egress.

"2. If any wall, roof, floor or outside door or window has been broken.

"3. If the entrance has been effected through the use of false keys, picklocks or other similar tools.

"4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.

"5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been removed, even if the same be broken
open elsewhere.
 "When the value of the property taken does not exceed Fifty thousand pesos (₱50,000), the penalty next lower in degree shall be
imposed.

"In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property taken is mail matter or large
cattle, the offender shall suffer the penalties next higher in degree than those provided in said articles."

Article 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building. - In the cases enumerated in Articles 299
and 302, when the robbery consists in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree
than that prescribed in said articles.

Robbery Defined

Robbery is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person,
or using force upon anything.

Classification of Robbery:

1. Robbery with violence against or intimidation of persons. (Articles 294,297, and 298)
2. Robbery by the use of force upon things. (Articles 299 and 302)

Elements of Robbery in general:

a. That there be (1) personal property; (2) belonging to another;

b. That there be (3) unlawful taking of personal property;
c. That the taking is (4) with intent to gain; and
d. That there is (5) violence against or intimidation of any person or force upon anything.[11]

Robbery distinguished from Theft:

 The distinguishing element between the crimes of robbery and theft is the use of violence or intimidation as a means of taking the
property belonging to another; the element is present in the crime of robbery and absent in the crime of theft.

E. CARNAPPING (R.A. No. 10883 or the “New Anti-Carnapping Act of 2016”)

Section 3 of R.A. No. 10883 defines and penalizes the crime of Carnapping as follows:

“Section 3. Carnapping; Penalties.— 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.
Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by
imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping
is committed without violence against or intimidation of persons, or force upon things; xxx”

Elements of Carnapping:

(1) the taking of a motor vehicle which belongs to another;

(2) the taking is without the consent of the owner or by means of violence against or intimidation of persons or by using
force upon things; and
(3) the taking is done with intent to gain.

Carnapping is essentially the robbery or theft of a motorized vehicle, the concept of unlawful taking in theft, robbery and carnapping
being the same.

II. CRIMES AGAINST PERSONS

A. MURDER (Article 248 of the RPC)

 Article 248. Murder. - Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder
and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant
circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the
defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car
or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and
ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person
or corpse.

Elements of MURDER:

(1) that a person was killed;

(2) it was the accused who killed such person;
(3) the killing is neither parricide nor infanticide; and
(4) the killing was attended by any of the enumerated circumstances.

B. HOMICIDE (Article 249 of the RPC)

 Article 249. Homicide. - Any person who, not falling within the provisions of Article 246, shall kill another without the attendance
of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by
reclusion temporal.
Elements of Homicide:

(1) that a person was killed;

(2) the accused killed such person without any justifying circumstance;
(3) accused had the intention to kill, which is presumed; and
(4) the killing was not attended by any of the qualifying circumstances of murder.

ATTEMPTED HOMICIDE (Article 249 in relation to Article 6 of the RPC)

The elements of frustrated homicide are: (1) the accused intended to kill his victim, as manifested by his use of a deadly weapon
in the assault; (2) the victim sustained fatal or mortal wound/s but did not die because of timely medical assistance; and (3) none of the
qualifying circumstance for murder under Article 248 of the Revised Penal Code, as amended, is present. [29] If the victim's wounds are
not fatal, the crime is only attempted homicide.[30] Thus, the prosecution must establish with certainty the nature, extent, depth, and
severity of the victim's wounds.[31]

The following factors were considered by the Supreme Court in determining the presence of intent to kill, namely: (1) motive, (2)
the means used by the malefactors; (3) the nature, location, and number of wounds sustained by the victim; (4) the conduct of the
malefactors before, during, or immediately after the killing or the victim; and (5) the circumstances under which the crime was committed
and the motives of the accused.

C. PHYSICAL INJURIES (Article 263 of the RPC and Articles 265 and 266 as amended by R.A. No. 10951)

Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious
physical injuries and shall suffer:
 1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane,
imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries
inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an
eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated
for the work in which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries
inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have
lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually
engaged for a period of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries
inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in Article 246, or with attendance of any
of the circumstances mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be
punished by reclusion temporal in its medium and maximum periods; the case covered by subdivision number 2 by
prision correccional in its maximum period to prision mayor in its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and maximum periods; and the case covered by subdivision number 4
by prision correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his
child by excessive chastisement.

Article 264. Administering injurious substances or beverages. - The penalties established by the next preceding article shall be
applicable in the respective case to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity.

Art. 265 as amended by Section 60 of R.A. No. 10951. Less serious physical injuries. - Any person who shall inflict upon another
physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10) days
 or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the
penalty of arresto mayor.

"Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the injured person,
or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding Fifty
thousand pesos (₱50,000) shall be imposed.

"Any less serious physical injuries inflicted upon the offender’s parents, ascendants, guardians, curators, teachers, or persons of
rank, or persons in authority, shall be punished by prisión correccional in its minimum and medium periods: Provided, That in the
case of persons in authority, the deed does not constitute the crime of assault upon such persons."

Art. 266 as amended by Section 61 of R.A. No. 10951. Slight physical injuries and maltreatment. - The crime of slight physical
injuries shall be punished:
"1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor
from one (1) days to nine (9) days, or shall require medical attendance during the same period.
"2. By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when the offender has caused
physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
"3. By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (₱5,000) when the offender shall
ill-treat another by deed without causing any injury.’

D. RAPE (RPC provision amended by R.A. No. 8353, otherwise known as The Anti-Rape Law of 1997, as amended by R.A. No. 11648)

Article 266-A of the RPC, as amended by R.A. No. 8353, otherwise known as The Anti-Rape Law of 1997, as amended by R.A. No. 11648 provides:

ARTICLE 266-A. Rape. When and How Committed. — Rape is committed —

1) By a person who shall have carnal knowledge of another person under any of the following circumstances:

a) Through force, threat, or intimidation;

 b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
d) When the offended party is under sixteen (16) years of age or is demented, even though none of the
circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a
person having carnal knowledge of another person under sixteen (16) years of age when the age difference
between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual,
non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this
exception shall not apply.

"As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent
machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with
intention or through neglect, during the conduct of sexual activities with the child victim. On the other hand, non-
exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position
of vulnerability, differential power, or trust during the conduct of sexual activities."

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or
anal orifice of another person.

RAPE through Sexual Intercourse

The prosecution carries the burden of proving the elements of the crime of rape through sexual intercourse under paragraph 1, Article
266-A of the RPC, as amended, which include the following: (1) the accused had carnal knowledge of the victim; and (2) said act was accompanied
(a) with the use of force, threat, or intimidation, or (b) when the victim is deprived of reason or otherwise unconscious, (c) by means of fraudulent
machination or grave abuse of authority, or (d) when the victim is under 12 years of age or is demented. (Disipulo).

RAPE through Sexual Assault

 Meanwhile, the elements of the crime of rape through sexual assault under paragraph 2, Article 266-A of the RPC, as amended by R.A.
No. 8353, that must be established beyond reasonable doubt are as follows: (1) the offender commits an act of sexual assault (a) by inserting his
penis into another person's mouth or anal orifice, or (b) by inserting any instrument or object into the genital or anal orifice of another person;
(2) the act of sexual assault is accomplished (a) by using force and intimidation; (b) when the woman is deprived of reason or otherwise
unconscious; or (c) by means of fraudulent machination or grave abuse of authority; or (d) when the woman is under 12 years of age or
demented.

To recall, in the case of People v. Tulagan18, this Court differentiated rape through sexual intercourse from rape through sexual assault
as follows:

x x x. Committed by "inserting penis into another person's mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person" against the victim's will, "sexual assault" has also been called "gender-free rape"
or "object rape." However, the term "rape by sexual assault" is a misnomer, as it goes against the traditional concept of
rape, which is carnal knowledge of a woman without her consent or against her will.

In contrast to sexual assault which is a broader term that includes acts that gratify sexual desire (such as cunnilingus, felatio, sodomy or
even rape), the classic rape is particular and its commission involves only the reproductive organs of a woman and a man. Compared to sexual
assault, rape is severely penalized because it may lead to unwanted procreation; or to paraphrase the words of the legislators, it will put an
outsider into the woman who would bear a child, or to the family, if she is married.

This Court declared in People v. Layoso19 that:

x x x. It is not necessary that the victim should have resisted unto death or sustained physical injuries in the hands of the rapist. It is
enough if the intercourse takes place against her will or if she yields because of genuine apprehension of harm to her if she did not do
so. Indeed, the law does not impose upon a rape victim the burden of proving resistance.

18 G.R. No. 227363, March 12, 2019.

19 G.R. Nos. 141773-76, January 22, 2003.
 Based on the provision, there are two modes of committing Rape: (a) Rape through sexual intercourse as provided in paragraph one;
and, (b) Rape through sexual assault as provided in paragraph two. The elements of rape under paragraph one are as follows: (1) the accused
had carnal knowledge of the victim; and, (2) the act was accomplished (a) through the use of force or intimidation, or (b) when the victim is
deprived of reason or otherwise unconscious, or (c) when the victim is under 12 years of age or is demented.

On the other hand, the elements of the second mode of rape are as follows: (1) the accused committed an act of sexual assault by (a)
inserting his penis into another person's mouth or anal orifice, or (b) inserting any instrument or object into the genital or anal orifice of another
person; and, (2) the act was accomplished (a) through the use of force or intimidation, or (b) when the victim is deprived of reason or otherwise
unconscious, or (c) when the victim is under 12 years of age or is demented.88 Carnal knowledge is the operative act that distinguishes the first
mode from the second mode.

a. ATTEMPTED RAPE

There is attempted rape where the offender commences the commission of rape directly by overt acts and does not perform all the acts
of execution, which should produce the crime of rape by reason of some cause or accident other than his own spontaneous desistance.
In attempted rape by carnal knowledge, there is no requirement that the offender's penis touch the victim 's genitalia or any other part
of her body. Instead, what is required are overt acts by the offender in commencing the direct commission of the crime.

III. CRIME AGAINST CHASTITY

A. ACTS OF LASCIVIOUSNESS

Article 336. Acts of Lasciviousness. - Any person who shall commit any act of lasciviousness upon other persons of either sex,
under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

Elements Acts of Lasciviousness:

(1) that the offender commits any act of lasciviousness or lewdness;
(2) that it is done under any of the following circumstances:
 (a) through force, threat, or intimidation;
(b) when the offended party is deprived of reason or otherwise unconscious;
(c) by means of fraudulent machination or grave abuse of authority; and
(d) when the offended party is under 16 years of age or is demented, even though none of the
circumstances mentioned above be present;
(3) that the offended party is another person of either sex.

IV. Sexual Abuse under R.A. No. 7610

Section 5(b) of R.A. NO. 7610 as amended by R.A. No. 11648

Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other
consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar
means;
(3) Taking advantage of influence or relationship to procure a child as prostitute;
(4) Threatening or using violence towards a child to engage him as a prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in
prostitution.

(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected
to other sexual abuse: Provided, That when the victim is under sixteen (16) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, otherwise known as
 "The Revised Penal Code", for rape, or lascivious conduct, as the case may be: Provided, That the penalty for lascivious
conduct when the victim is under sixteen (16) years of age shall be reclusion temporal in its medium period; and;

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the
prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or
which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

Sexual Abuse – accused commits act of Sexual Intercourse

Lascivious Conduct - “The Implementing Rules and Regulations of R.A. No. 7610 defines "lascivious conduct" as the intentional touching, either
directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia,
anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person.”

Elements:

Section 5 paragraph (b) of R.A. No. 7610, has the following elements:

1. the accused commits the act of sexual intercourse or lascivious conduct;

2. the act is performed with a child exploited in prostitution or subjected to other sexual abuse and
[Link] child, whether male or female, is below 18 years of age.

Meanwhile, R.A. No. 7610 finds application when the victims of abuse, exploitation or discrimination are children or those "person[s] below 18
years of age or those over, but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition."
Qualified Theft, Art. 310 in rel. to Arts. 308 and 309, RPC Estafa under Art. 315, par. 1(b), RPC
Elements: Elements:
1. There was a taking of personal property; 1. That money, goods or other personal property is received by the
2. The said property belongs to another; offender in trust, or on commission, or for administration, or under
3. The taking was done without the consent of the owner; any other obligation involving the duty to make delivery of, or to
4. The taking was done with intent to gain; return the same:
5. The taking was accomplished without violence or intimidation against 2. That there be misappropriation or conversion of such money or
property by the offender or denial on his part of such receipt;
person, or force upon things; and
3. That such misappropriation or conversion or denial is to the
6. The taking was done under any of the circumstances enumerated in
prejudice of another; and
Article 310 of the RPC, i.e., with grave abuse of confidence. 4. That there is a demand made by the offended party on the
offender.
Carnapping under R.A. No. 6539, as amended Estafa under Art. 315, par. 1(b), RPC
 Elements: Elements:
1. The taking of a motor vehicle which belongs to another; 1. That money, goods or other personal property is received by
2. The taking is without the consent of the owner or by means of the offender in trust, or on commission, or for administration,
violence against or intimidation of persons or by using force or under any other obligation involving the duty to make
upon things; and delivery of, or to return the same:
3. The taking is done with intent to gain. 2. That there be misappropriation or conversion of such money
or property by the offender or denial on his part of such
receipt;
3. That such misappropriation or conversion or denial is to the
prejudice of another; and
4. That there is a demand made by the offended party on the
offender.

False Pretenses in Vehicle Sales: If someone sells a vehicle they do

not own or have no right to sell and accepts payment, they may be
liable for estafa. This involves deceiving the buyer into thinking the
seller has legal ownership or authority to dispose of the vehicle.

Failure to Deliver Vehicle After Payment: If a person accepts

payment for a vehicle but does not deliver it, with the intent to
defraud, this could also qualify as estafa.

Misappropriation of Vehicle in Trust: If a person entrusted with a

vehicle for a specific purpose (e.g., repair or use for business)
appropriates, sells, or disposes of it without the owner’s consent,
this too could be considered estafa. ([Link]
[Link]/articles/possible-estafa-or-possible-carnapping-
understanding-the-legal-differences)

Key differences between carnapping and estafa are:

 ● Direct Taking: Carnapping involves the direct and unlawful taking of a motor vehicle without the owner’s consent. It does not require
deceit or fraud, as the act of taking is the core of the offense.
● Intent to Gain: The taking must be done with the intent to gain, meaning the perpetrator intends to profit or benefit from the vehicle,
either by using or selling it.
● Use of Force or Intimidation: Carnapping may also involve violence or threats, especially in cases where the vehicle is forcibly taken from
the owner or possessor. However, force is not always necessary; even taking a vehicle surreptitiously or without confrontation still
constitutes carnapping. ([Link]
differences)
● Consent: In estafa, the victim typically consents to the transfer of money or property due to deceit. In carnapping, there is no consent;
the vehicle is taken outright.
● Element of Fraud: Estafa requires fraud or deceit. Carnapping does not involve deception; it is the unlawful taking itself that is penalized.
● Use of Violence: Carnapping may involve violence or force, while estafa usually does not.

Robbery Theft
Elements: Elements:
1. There is a taking of personal property; 1. There is a taking of personal property;
2. The personal property belongs to another; 2. The personal property belongs to another;
3. The taking is with animus lucrandi or intent to gain; and 3. The taking is with animus lucrandi or intent to gain; and
4. The taking is WITH violence against or intimidation of persons or 4. The taking is WITHOUT violence against or intimidation of
with force upon things. persons or with force upon things.

Key differences between Robbery and Theft

· FORCE / THREAT: Robbery requires the use or threat of force, while theft does not.
· PRESENCE OF THE VICTIM: Robbery typically involves taking property from the victim’s person or immediate presence, while theft
might not.
· SEVERITY: Robbery is generally a more serious crime with harsher penalties due to the involvement of force, threat, or intimidation.
 Attempted Homicide Physical Injuries (Serious)
Elements: Elements:
1. The offender has intent to kill; 1. That the offender inflicted physical injuries unto the victim;
2. That the offender has started performing acts that would and
naturally lead to the commission of homicide; 2. That the injury sustained is either loss of a body part or the
3. The offender failed to perform all the acgts of execution due use of the same, deformity, or incapacity for work for more
to some cause other than his own spontaneous desistance; than 90 days.
and
4. The act does not qualify as attempted murder or there is
absence of qualifying circumstance.
Distinguishing Serious Physical Injuries from Less Serious or Slight Physical Injuries

a. Serious Physical Injuries

- Typically involve prolonged medical treatment, permanent disability, or damage to vital parts/functions of the body.
- Penalized more severely due to the gravity of harm or injury.

b. Less Serious Physical Injuries

- Generally result in incapacity for labor or medical attendance from 10 days to 30 days.

c. Slight Physical Injuries

- Involve harm or illness that requires medical attendance for up to 9 days or includes physical harm that does not
prevent the offended party from working for more than 9 days.

Murder, Article 248 of the RPC Homicide, Article 249 of the RPC
 - It is characterized by the presence of qualifying circumstances - It involves the killing of a person without any of the
that make the act more reprehensible. These include treachery qualifying circumstances that would elevate the crime to
(alevosia), evident premeditation, cruelty, reward or promise, murder.
and other conditions listed under the law.

Elements: Elements:
1. That a person was killed; 1. A person was killed;
2. Accused killed him; 2. The accused killed him without any justifying
3. That the killing is not Parricide nor Infanticide; and circumstance/s;
4. The attended by any of the following qualifying circumstances: 3. The accused had the intention to kill, which is presumed;
a. With treachery, taking advantage of superior strength, and
with the aid of armed men, or employing means to 4. The killing was not attended by any of the qualifying
weaken the defense, or of means or person to insure or circumstances of Murder, or by that of Parricide or
afford impunity; Infanticide.
b. In consideration of a price, reward or promise;
c. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving
great waste or ruin;
d. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public
calamity;
e. With evident premeditation;
f. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse.
 Rape (1st Kind) under the Revised Penal Code Sexual Abuse under Republic Act No. 7610

Elements: Elements:
1. That the accused had carnal knowledge of the victim; and 1. The offender commits the act of sexual intercourse or
2. That the act was accomplished (a) through the use of force or lascivious conduct;
intimidation, or (b) when the victim if deprived of reason or 2. That said act is performed with a child exploited in
otherwise unconscious, or (c) when the victim is under 16 prostitution or subjected to other sexual abuse; and
years of age or is demented. 3. The child, whether male or female, is below 18 years of age.

Note: Carnal knowledge is the operative act that distinguishes the Note: Force, threat or intimidation is the element of Rae under
first mode from the second mode. the RPC, while “due to coercion or influence of any adult,
syndicate or group” is the operative phrase for a child to be
deemed exploited in prostitution or other sexual abuse, which
is the elements of sexual abuse under Section 5(b), Republic Act
No. 7610.

References:
1. Reyes, Luis B; The Revised Penal Code, Book II, 2021 Ed
2. Republic Act No. 7610 and its Implementing Rules and Regulations
3. Republic Act No. 6539 or the “Anti-Carnapping Act”, as amended by Republic Act No. 10863 or the “New Anti-Carnapping Law of
2016”
4. Republic Act No. 8353, known as the Anti-Rape Law of 1997, as amended by Republic Act No. 11648 or the “Act Providing for
Stronger Protection Against Rape and Sexual Exploitation and Abuse, Increasing the Age for Determining the Commission of
Statutory Rape, Amending for the Purpose Act No. 3815 as Amended, Otherwise Known As “The Revised Penal Code,” Republic Act
No. 8353, Also Known as “The Anti-Rape Law of 1997,” And Republic Act No. 7610, as Amended, Otherwise Known As the “Special
Protection of Children Against Abuse, Exploitation and Discrimination Act”
 Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

TRAINING & EDUCATION PROGRAM FOR LAW ENFORCEMENT AGENTS

(TEPLEA 2025)

SESSION PLAN

Module 4:
Emerging Crimes, Their Elements and Evidence
 Lesson 1 – Drugs Cases  Lesson 4 – Money Laundering
 Lesson 2 – Cybercrimes  Lesson 5 – Terrorism and Terrorism Financing
 Lesson 3 – TIP; OSAEC; CSAEM  Lesson 6 – Frequently-Violated RPC Crimes

MODULE OBJECTIVES: By end of this Module, the participants will be able to correctly:

1. Identify the crime committed in a given set of facts; and

2. Identify the pieces of evidence that prove the essential elements of the crime committed.

Lesson 1 – Drugs Cases

(Comprehensive Dangerous Drugs Act - R.A. No. 9165 as amended)

ACTIVITY and EQUIPMENT and

DURATION CONTENT TRAINER’S NOTES
DELIVERY MODE MATERIALS NEEDED
45 minutes  __________________ I. Interactive Lecturette  Laptop & projector
 Powerpoint slides
 TEPLEA 2025

1 hour and II. Learning Activity

15 min
 Instructions – 5 min
 Group Activity – 25 min
 Plenary – 25 min
 Processing – 20 min

Mechanics:

1. The class shall be divided into groups of 5

members each. The groups shall appoint a
reporter and a note-taker.

2. The groups shall be given a case scenario

and shall have 25 minutes to discuss and to
agree on their answers to the questions
provided for each case scenario.

3. Group reporters shall have 5 minutes to

share or present the group’s output in the
plenary.

Lesson 2 – Cybercrimes
(Cybercrime Prevention Act - R.A. No. 10175)

ACTIVITY and EQUIPMENT and

DURATION CONTENT TRAINER’S NOTES
DELIVERY MODE MATERIALS NEEDED
45 minutes  __________________ I. Interactive Lecturette  Laptop & projector
 Powerpoint slides

1 hour and II. Learning Activity: Case Analysis

 TEPLEA 2025

15 min
 Instructions – 5 min
 Group Activity – 25 min
 Plenary – 25 min
 Processing – 20 min

Mechanics:

1. The class shall be divided into groups of 5

members each. The groups shall appoint a
reporter and a note-taker.

2. The groups shall be given a case scenario

and shall have 25 minutes to discuss and to
agree on their answers to the questions
provided for each case scenario.

3. Group reporters shall have 5 minutes to

share or present the group’s output in the
plenary.

Lesson 3 – Trafficking in Persons; OSAEC; CSAEM

(Anti-Trafficking in Persons Act - RA No. 9208, as amended by RA No. 10364;

Anti-OSAEC and Anti-CSAEM Act - RA No. 11930)

ACTIVITY and EQUIPMENT and

DURATION CONTENT TRAINER’S NOTES
DELIVERY MODE MATERIALS NEEDED
45 minutes  __________________ I. Interactive Lecturette  Laptop & projector
 Powerpoint slides
 TEPLEA 2025

1 hour and II. Learning Activity: Case Analysis

15 min
 Instructions – 5 min
 Group Activity – 25 min
 Plenary – 25 min
 Processing – 20 min

Mechanics:

1. The class shall be divided into groups of 5

members each. The groups shall appoint a
reporter and a note-taker.

2. The groups shall be given a case scenario

and shall have 25 minutes to discuss and to
agree on their answers to the questions
provided for each case scenario.

3. Group reporters shall have 5 minutes to

share or present the group’s output in the
plenary.

Lesson 4 – Money Laundering

(Anti-Money Laundering Act - RA No. 9160 as amended)

ACTIVITY and EQUIPMENT and

DURATION CONTENT TRAINER’S NOTES
DELIVERY MODE MATERIALS NEEDED
45 minutes  __________________ I. Interactive Lecturette  Laptop & projector
 Powerpoint slides
 TEPLEA 2025

1 hour and II. Learning Activity: “Lights, Camera, 5.

15 min Action!”

 Instructions – 5 min
 Group Activity – 25 min
 Plenary – 25 min
 Processing – 20 min

Mechanics:

1. The class shall be divided into groups of 5

members each. The groups shall appoint a
group or discussion leader.

2. A news report will be shown in class. From

the news report, each group shall prepare a
short play depicting an information
dissemination campaign in a far-flung
community or barangay in the country, on
the following:

 Group 1 – What is Money Laundering?

 Group 2 – What do you mean by a
predicate crime or unlawful
activity in Money
Laundering?
 Group 3 – Placement, as a Stage of
Money Laundering
 Group 4 – Layering, as a Stage of
Money Laundering
 Group 5 – Integration, as a Stage of
Money Laundering
 TEPLEA 2025

3. Assumption: Dauliyah Islamiyah is a

designated terrorist group by the US
Department of State.

4. In the plenary, each group is given 5

minutes to present their output.

Lesson 5 – Terrorism and Terrorism Financing

(Anti-Terrorism Act of 2020 - RA No. 11479;
Terrorism Financing Act - RA No. 10168)

ACTIVITY and EQUIPMENT and

DURATION CONTENT TRAINER’S NOTES
DELIVERY MODE MATERIALS NEEDED
45 minutes  __________________ I. Interactive Lecturette  Laptop & projector
 Powerpoint slides
1 hour and II. Learning Activity: “Ebidensya ba  Printed copies of the
15 min kamo???” case scenario
 List of offenses with
 Instructions – 5 min corresponding elements
 Group Activity – 25 min
 Plenary – 25 min
 Processing – 20 min

Mechanics:

1. The class shall be divided into groups of 5

members each. The groups shall appoint a
discussion leader and a note-taker.

2. A case scenario shall be provided and each

group shall:
 TEPLEA 2025

(i) “Collect” and list them down all the vital

pieces of evidence in the scenario.
(ii) Determine what offense/s under the
ATA of 2020 and/or TFPSA must have
been committed.

3. The groups shall share their

findings/outputs in the plenary.

4. Assumptions:
(i) The Philippine government is in armed
conflict with MIFF Group.
(ii) Cases have yet to be filed.
(iii) The Secretary of Justice created a
Special Investigation Task Group
(SITG) to conduct an investigation
and/or case build-up.

Lesson 6 – Frequently-Violated RPC Crimes

 ESTAFA versus QUALIFIED THEFT  MURDER versus HOMICIDE

 ESTAFA versus CARNAPPING  RAPE UNDER THE RPC versus SEXUAL ABUSE
 ROBBERY versus THEFT UNDER RA NO. 7610
 ATTEMPTED HOMICIDE versus  ATTEMPTED RAPE versus ACTS OF LASCIVIOUSNESS
PHYSICAL INJURIES versus UNJUST VEXATION

ACTIVITY and EQUIPMENT and

DURATION CONTENT TRAINER’S NOTES
DELIVERY MODE MATERIALS NEEDED
1 hour __________________ I. Learning Activity: “Ano’ng Krimen Nga  Laptop & projector  The correct answers
Ba?” must be explained very
well, especially the
 TEPLEA 2025

 Powerpoint slides factor/s that

Mechanics: containing the case differentiate/s the
scenarios crime/s from the other.
1. Case scenarios shall be shown in class and  The trainer should
participants shall determine what crime was facilitate the class
committed. discussion, making
sure that:
o participants are
‘engaged’ all
throughout the
session;
o everybody is given
equal chance to
answer/participate
in the discussion