CRIM LAW REVIEW CLASS
Discussion Guide 4.
Nov 20, 2023.
A. CRIMES AGAINST PUBLIC INTEREST
i. Articles 161-187, Revised Penal Code
i. Forgeries and Falsifications:
ii. Enemecio v. Ombudsman, G.R. No. 146731, January 13,
2004
iii. Chua vs. People, G.R. No. 183132, February 08,
2012(Estafa thru falsification of public document)
iv. Sevilla vs. People, G.R. No. 194390, August 13, 2014
(reckless imprudence resulting to falsification of public
document)
ii. Other Falsities
iii. False testimony
b. RA 9194 – Anti-Money Laundering
RA 10365, AN ACT AMENDING THE ANTI-MONEY LAUNDERING LAW
i. Punishable Acts
ii. Covered Transactions
iii. Suspicious Transactions
Case: REPUBLIC OF THE PHILIPPINES, REPRESENTED BY
THE ANTI-MONEY LAUNDERING COUNCIL, PETITIONER, VS. THE
SANDIGANBAYAN AND OFFICE OF THE OMBUDSMAN,
REPRESENTED BY THE OFFICE OF THE SPECIAL PROSECUTOR,
RESPONDENTS. G.R. Nos. 232724-27, February 15, 2021
B. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
a. “THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002” (RA
9165)
1. Punishable acts
[Link] are liable
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Mis-
application or Failure to Account for the Confiscated, Seized and/or Surrendered Dan-
gerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Pro-
ceeds or Properties Obtained from the Unlawful Act Committed. – The penalty of life im-
prisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual
disqualification from any public office, shall be imposed upon any public officer or em-
ployee who misappropriates, misapplies or fails to account for confiscated, seized or
surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, instruments/paraphernalia and/or laboratory equipment includ-
ing the proceeds or properties obtained from the unlawful acts as provided for in this
Act.
Any elective local or national official found to have benefited from the proceeds of the
trafficking of dangerous drugs as prescribed in this Act, or have received any financial
or material contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the govern-
ment, its divisions, subdivisions, and intermediaries, including government-owned or –
controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to ab-
solute perpetual disqualification from any public office, if those found guilty of such un-
lawful acts are government officials and employees.
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, re-
gardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or
Other Juridical Entities. – In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager,
trustee, estate administrator, or officer who consents to or knowingly tolerates such vio-
lation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly au-
thorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or
other facility, as an instrument in the importation, sale, trading, administration, dispensa-
tion, delivery, distribution, transportation or manufacture of dangerous drugs, or chemi-
cal diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by
or under the control or supervision of the partnership, corporation, association or juridi-
cal entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties pre-
scribed in the unlawful act committed, any alien who violates such provisions of this Act
shall, after service of sentence, be deported immediately without further proceedings,
unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any person found violating any regulation duly is-
sued by the Board pursuant to this Act, in addition to the administrative sanctions im-
posed by the Board.
[Link] or conspiracy, effect on liability
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 as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential
chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of
any dangerous drug and/or controlled precursor and essential chemical;
(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.
[Link] from prosecution and punishment
C. CRIMES AGAINST PUBLIC MORALS (200-202)
a. PD 1602 – Anti-Gambling Act, as amended by RA 9287 – Illegal Numbers
Game – which repealed Article 195-199 of the RPC
i. Punishable Acts
b. Vagrants and prostitutes (Article 202) – Republic Act No. 10158, An Act
Decriminalizing Vagrancy
c. Anti-Trafficking in Persons Act of 2003 (RA 9208) as amended by
Republic Act No. 10364 and 11862
Case: People vs. Valencia, G.R. No. 234013, June 16, 2021
D. CRIMES COMMITTED BY PUBLIC OFFICERS
a. Articles 203-245, Revised Penal Code
i. Malversation of public funds and property
Cases: Hernan vs. Sandiganbayan, G.R. No. 217874, December 05,
2017
ii. Bribery
Direct bribery –
Indirect bribery – any public officer who shall accept gifts
offered to him by reason of his office.
Cases: Formilleza v. Sandiganbayan, et al., G.R. No. L-75160, March 8,
1988 (essential elements of indirect bribery- public officer
must have accepted the gift or material consideration)
iii. Failure to deliver the suspect to proper judicial authority
iv. Infidelity in the custody of detained prisioners
v. False Prosecution
b. “Anti-Graft & Corrupt Practices Act” (RA 3019, as amended)
1. Coverage
2. Acts punishable
3. Exceptions
Cases: Zoomzat, Inc. v. People, G.R. No. 135535, Feb. 14, 2005
[Section 3- Par. (e)];
c. Anti-Plunder Act (R.A. 7080, as amended)
[Link] of terms
2. Ill-gotten wealth
[Link]
4. Series/Combination
[Link]
Case: Joseph Estrada v. Sandiganbayan, G.R. No. 148560,
Nov. 19,2001