special crim law

8/10/2019 Special Crim Law

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ANTI-PIRACY &

ANTI-HIGHWAY

ROBBERY LAW(P.D. No. 532)


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ANTI-PIRACY AND

ANTI-HIGHWAY ROBBERY LAW

(P.D. No. 532)

Section 1. - Title. - This Decree shall be known as the Anti-Piracy and Anti-Highway

Robbery Law of 1974.

Section 2. - Definition of Terms. - The following shall mean and shall beunderstood , as follows:

a. Philippine Waters. - refers to all bodies of water, such as but not limited

to seas, gulfs, bays around, between and connecting each of the Islands of the

Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all

other waters belonging to the Philippines by historic or legal title, including territorial

sea, the sea-bed, the insular shelves, and other submarine areas over which thePhilippines has sovereignty or jurisdiction.

b. Vessel. - Any vessel or watercraft used for transport of passengers and

cargo from one place to another through Philippine waters. It includes a all kinds and

types of vessels or boats used in fishing.


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PD 532 . . . (continued)

c. Philippine Highway. - refers to any road, street, passage, highway and

bridges or other parts thereof, or railway or railroad within the Philippines used by

persons, or vehicles, or locomotives or trains for the movement or circulation of

persons or transportation of goods, articles, or property or both.

d. Piracy. - any attack upon or seizure of any vessel, or the taking away of

the whole or part thereof or its cargo, equipment, or the personal belongings of itscomplement or passengers, irrespective of the value thereof, by means of violence

against or intimidation of persons or force upon things, committed by any person,

including passenger or member of the complement of said vessel, in Philippine waters.

The offenders shall be considered as pirates and punished as hereinafter provided.

e. Highway Robbery/Brigandage. - is the seizure of any person forransom, extortion or other unlawful purposes, or the taking away of the property of

another by means of violence against or intimidation of persons or force upon things or

other unlawful means, committed by any person on any Philippine highway.


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Section 3. Penalties. - Any person who commits piracy or highway robbery.

Brigandage as herein defined, shall, upon conviction by competent court be punished

by:

a. Piracy. - Reclusion temporal in its medium and maximum periods. But

if physical injuries or other crimes are committed as a result or on the occasion thereof,

the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide iscommitted as a result or on the occasion of piracy, or when the offenders abandoned

the victims without means of saving themselves, or when the seizure is accomplished

by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.

b. Highway Robbery/ Brigandage. - Reclusion temporal in its minimum

period shall be imposed. But if physical injuries or other crimes are committed duringor on the occasion of the commission of robbery or brigandage, the penalty of

reclusion temporal in its medium and maximum periods shall be imposed. If

kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a

result or on the occasion thereof, the penalty of death shall be imposed.


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Section 4. Aiding pirates or highway robbers/ brigands or abetting piracy orhighway robbery/ brigandage. - Any person who knowingly and in any manner aids

or protects pirates or highway robbers, brigands, such as giving them information

about the movement of police or other peace officers of the government, or acquires or

receives property taken by such pirates or brigands or in any manner derives any

benefit therefrom; or any person who directly or indirectly abets the commission of

piracy or highway robbery or brigandage shall be considered as an accomplice of theprincipal offenders and be punished in accordance with the rules prescribed in the

Revised Penal Code.

It shall be presumed that any person who does any of the acts provided in

this Section has performed them knowingly, unless the contrary is proven.

Section 5. Repealing Clause. - Pertinent provisions of the Revised Penal Code andall laws, decrees, or orders or instructions, or parts thereof, insofar as they are

inconsistent with this Decree are hereby repealed or modified accordingly.

Section 6. Effectivity. - This Decree shall take effect upon approval.

City of Manila, 8th day of August, 1974.


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I. Piracy within Philippine Waters (PD 532)

ELEMENTS:

1. a) Any attack or seizure of any vessel,

b) or the taking away of the whole or part thereof or its cargo, equipment,

or the personal belongings of its complement or passengers;

2. Irrespective of the value thereof;

3. By means of violence against or intimidation of persons or force upon things; and4. Committed by any person, including a passenger or member of the

complement of said vessel, in Philippine waters.

II. Highway Robbery/ Brigandage (PD 532)

The seizure of any person for: ransom;

extortion; or

other unlawful purposes or the taking away of the property of another

by means of violence against or intimidation of persons or

force upon things or other unlawful means, committed by

any person on any Philippine highway.


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RELATED TOPIC: Brigandage

Art. 306 (RPC). Who are br igands- Penalty. - When more than 3 armed persons

form a band of robbers for the purpose of committing robbery in the highway, or

kidnapping persons for the purpose of extortion or to obtain ransom or for any

other purpose to be attained by means of force and violence, shall be deemed

highway robbers or brigands.

Any person found guilty of this offense shall be punished byprision mayor in its

medium period to reclusion temporal in its minimum period, if the act or acts

committed by them are not punishable by higher penalties, in which case they

shall suffer such high penalties.

If any of the arms carried by any of the said persons be an unlicensed firearm, it

shall be presumed that said persons are highway robbers or brigands, and incase of conviction, the penalty shall be imposed in the maximum period.


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Brigandage (RPC)

ELEMENTS:

1. There are at least 4 armed persons;

2. They form a band of robbers; and

3. The purpose is any of the following:

a) commit robbery in the highway;

b) kidnap persons for the purpose of extortion or to obtain ransom; or

c) for any other purpose to be attained by means of force and violence.

Main object of the law is to prevent formation of band of robbers.


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The only things to prove in Brigandage (RPC) are:

1. That there is an organization of more than 3 armed persons forming

a band of robbers;

2. That the purpose of the band is any of those enumerated in Art. 306;

3. That they went upon the highway or roamed upon the country

for that purpose; and

4. That the accused is a member of such band.

Brigandage under the RPC (Art. 306) may be committed without the use of firearms.

The term armed as used in the first paragraph of Art. 306 covers arms and

weapons in general, not necessarily firearms. (Pp vs. De la Rosa, et.al.,

C.A., 49 O.G. 2863)

If any of the arms carried by any of said persons were unlicensed firearms, it shall be

presumed that said persons are highway robbers or brigands, and in case of

convictions the penalty shall be imposed in the maximum period.


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Piracy under PD 532 Piracy under RPC (Art. 122) committed only within Philippine

territorial waters.

committed aboard a vessel in the

high seas or Philippine waters.

even passengers and members

of the complement can commit it.

can only be committed by

outsiders, not member of the

complement or passengers.

Robbery on the high seas Piracy

the offender is a member of the

complement or a passenger of

the vessel.

the offender is an outsider


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Brigandage (Art. 306) Robbery In Band (Art. 296) Purpose is to:

a) commit robbery in highway;

b) kidnappers for ransom;

c) other purpose to be attained

by means of force or violence.

only to commit robbery, and not

necessarily in the highway.

agreement is to commit several

robberies.

only a particular robbery.

mere formation is punished. actual commission of robbery is

necessary.

Robbery committedin a highway

Highway Robbery (PD 532)

there is a specific victim. no specific victim.


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RPC (Art. 306) PD 532

mere formation of band is

punishable.

prohibited act must be

committed.

there must be 4 or more

malefactors.

even one malefactor will suffice.

there is no preconceived victim.

(indiscriminate victimization)

there is no preconceived victim.

(indiscriminate victimization)

those who profit from the loot are

liable under Art. 307 of aiding

and abetting a band of brigands

or as principal offenders for

fencing.

those who abet brigandage are

accomplices.


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ILLEGAL POSSESSION

OF FIREARMS(P.D. 1866, as amended)


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PRESIDENTIAL DECREE No. 1866,

as amended

by R.A. No. 8294 & R.A. No. 9516(Codifying the Laws on Illegal Possession,

Manufacture, Dealing in, Acquisition, Dispositionor Importation of Firearms, Ammunition or Explosives,

or Instruments Used in the Manufacture Thereof)

Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possessionof FA or Ammunition or Instruments in the manufacture thereof.

(as amended by R.A. 8294) -

The penalty ofprision correccional in its maximum period and a

fine of not less than P15,000 shall be imposed upon any person who shall

unlawfully manufacture, deal in, acquire, dispose or possess any low

powered firearm, such as rimfire handgun, .380 or .32 and other firearm ofsimilar firepower, part of firearm, ammunition, or machinery, tool or

instrument used or intended to be used in the manufacture of any firearm or

ammunition: Provided, that no other crime was committed.


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PD 1866, as amended

Section 1 . . . (continued)

The penalty of prision mayor in its minimum period and a fine of

P30,000 shall be imposed if the firearm is classified as high powered firearm

which includes those with bores bigger in diameter than .38 caliber and 9

millimeter such as caliber .40, .41, .44, .45 and also lesser calibered

firearms but considered powerful such as caliber .357 and caliber .22 center-

fire magnum and other firearms with firing capability of full automatic and by

burst of two or three: Provided, however, That no other crime was

committed by the person arrested.

If homicide or murder is committed with the use of an unlicensed

firearm, such use of an unlicensed firearm shall be considered as an

aggravating circumstance.

If the violation of this Section is in furtherance of or incident to, or

in connection with the crime of rebellion or insurrection, sedition, or

attempted coup detat, such violation shall be absorbed as an element of the

crime of rebellion or insurrection, sedition, or attempted coup detat.


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PD 1866, as amended


The same penalty shall be imposed upon the owner, president,

manager, director or other responsible officer of any public or private firm,

company, corporation or entity, who shall willfully or knowingly allow any of

the firearms owned by such firm to be used by any person found guilty of

violating the provisions of the preceding paragraphs or willfully or knowinglyallow any of them to use unlicensed firearms or firearms without any legal

authority to be carried outside of their residence in the course of their

employment.

The penalty of arresto mayorshall be imposed upon any person

who shall carry any licensed firearm outside of his residence without legal

authority therefor.


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PD 1866, as amended. . . (continued)

Section 2. Presumption of Illegal Manufacture of Firearms or Ammunition.

(un-amended by RA 8294)). -

The possession of any machinery, tool or instrument used directly

in the manufacture of firearms or ammunition, by any person whose

business or employment does not lawfully deal with the manufacture offirearms or ammunition, shall be prima facie evidence that such article is

intended to be used in the unlawful/illegal manufacture of firearms or

ammunition.


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PD 1866, as amended . . . (continued)

Section 3. Unlawful Manufacture, Sale, Acquisition, Disposition, Importation

or Possession of Explosive of Incendiary Device

(as further amended by RA 9516 [Dec. 22, 2008]). -

The penalty of Reclusion perpetua shall be imposed upon any

person who shall willfully and unlawfully manufacture, assemble, deal in,

acquire, dispose, import or possess any explosive or incendiary device,with knowledge of its existence and its explosive of incendiary character,

where the explosive or incendiary device is capable of producing destructive

effect on contiguous objects or causing injury or death to any person,

including but not limited to, hand grenade(s), rifle grenade(s), pillboxbomb,

molotov cocktail bomb, fire bomb, and other similar explosive and

incendiary devices.

Provided, That mere possession of any explosive or incendiary

device shall be prima facieevidence that the person had knowledge of the

existence and the explosive or incendiary character of the device.


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Provided, however, That a temporary, incidental, casual, harmless

or transient possession or control of any explosive or incendiary device, without

the knowledge of its existence or its explosive or incendiary character, shall not

be a violation of this Section.

Provided, further, That the temporary, incidental, casual, harmless,

or transient possession or control of any explosive or incendiary device for the

sole purpose of surrendering it to the proper authorities shall not be a violation of

this Section.

Provided, finally, That in addition to the instances provided in the

two (2) immediately preceding paragraphs, the court may determine the absenceof the intent to possess, otherwise referred to as animus possidendi, in

accordance with the facts and circumstances of each case and the application of

other pertinent laws, among other things, Articles 11 and 12 of the RPC, as

amended.


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Section 3-A. Unlawful Manufacture, Sale, Acquisition, Disposition, Importation

or Possession of a Part, Ingredient, Machinery, Tool or Instrument

Used or Intended to be Used for the Manufacture, Construction,

Assembly, Delivery or Detonation (as further amended by RA 9516).

The penalty of reclusion perpetua shall be imposed upon any

person who shall willfully and unlawfully manufacture, assemble, deal in,acquire, dispose, import or possess any part, ingredient, machinery, tool or

instrument of any explosive or incendiary device, whether chemical,

mechanical, electronic, electrical or otherwise, used or intended to be used

by that person for its manufacture, construction, assembly, delivery or

detonation, where the explosive or incendiary device is capable or is

intended to be made capable of producing destructive effect on contiguous

objects or causing injury or death to any person.


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PD 1866, as amended

Section 3-A . . . (continued)

Provided, That mere possession of any part, ingredient,

machinery, tool or instrument directly used in the manufacture, construction,

assembly, delivery or detonation of any explosive or incendiary device, by

any person whose business activity or employment does not lawfully deal

with the possession of such article shall be prima facieevidence that such

article is intended to be sued by that person in the unlawful/illegalmanufacture, construction, assembly, delivery or detonation of an explosive

or incendiary device.

Provided, however, That a temporary, incidental, casual, harmless

or transient possession or control of any part, machinery, tool or instrument

directly used in the manufacture, construction, assembly, delivery or

detonation of any explosive or incendiary device, without the knowledge ofits existence or character as part, ingredient, machinery, tool or instrument

directly used in the manufacture, construction, assembly, delivery or

detonation of any explosive or incendiary device, shall not be a violation of

this Section. x x x.


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Section 3-B. Penalty for the Owner, President, Manager, Director

or Other Responsible Officer of Any Public or Private

Firm, Company, Corporation or Entity (as further

amended / inserted by RA 9516)

The penalty of reclusion perpetua shall be imposed upon the

owner, president, manager, director or other responsible officer of any publicor private firm, company, corporation or entity who shall willfully or knowingly

allow any explosive or incendiary device or parts thereof owned and

controlled by such firm to be used by any person found guilty of violating the

provisions of the preceding paragraphs.


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Section 3-C. Relationship of Other Crimes with a Violation of this Decree

and the Penalty Therefor (as further amended / inserted by RA 9516)

When a violation of Section 3, 3-A or 3-B of this Decree is a

necessary means for committing any of the crimes defined in the Revised

Penal Code or special laws, or is in furtherance of, incident to, in connectionwith, by reason of, or on occasion of any of the crimes defined in the RPC or

special laws, the penalty of reclusion perpetua and a fine ranging from

P100,000 to P1.0M shall be imposed.


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Section 3-D. Former Conviction or Acquittal; Double Jeopardy.

(as further amended / inserted by RA 9516)

Subject to the provisions of the Rules of Court on double jeopardy,

if the application thereof is more favorable to the accused, the conviction or

`acquittal of the accused or the dismissal of the case for violation of thisDecree shall be a bar to another prosecution of the same accused for any

offense where the violation of this Decree was a necessary means for

committing the offense or in furtherance of which, incident to which, in

connection with which the violation of this Decree was committed, and vice

versa.


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Section 4. Responsibility and Liability of Law Enforcement Agencies and

Other Government Officials and Employees in Testifying as

Prosecution Witnesses (as further amended / inserted by RA 9516)

Any member of the law enforcement agencies who, after due

notice, fails or refuses, intentionally or negligently, to appear as a witness for

the prosecution of the offense penalized in this Decree, without any valid

reason, shall be punished with reclusion temporal and a fine of P500,000 inaddition to administrative liability.

The immediate superior of the law enforcer witness shall be

penalized with prision correccionaland a fine of not less than P10,000 but

not more than P50,000 and in addition, perpetual absolute disqualification

from public office 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.

The law enforcer witness shall not be transferred or reassigned to

any other government office located in another territorial jurisdiction during

the pendency of the case in court, except for compelling reasons: Provided,

the immediate superior shall notify the court about the reassignment within

24 hours from approval of the reassignment. ..


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Section 4-A. Criminal Liability for Planting Evidence.

(as further amended / inserted by RA 9516)

Any person who is found guilty of planting any explosive or

incendiary device or any part, ingredient, machinery, tool or instrument of

any explosive or incendiary device shall suffer the penalty of reclusion

perpetua.

Section 4-B. Continuous Trial.

Section 4-C. Authority to Import, Sell or Possess Chemicals or Accessories

for Explosives. (as further amended by RA 9516) x x x

Section 5. Repealing Clause

Section 6. Effectivity.


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PD 1866, as amended . . .(continued)

Section 5. Tampering of FirearmsSerial Number

(as further amended by RA 8294). -

The penalty of prision correccional shall be imposed upon any

person who shall unlawfully tamper, change, deface or erase the serial

number of any firearm.

Section 6. Repacking or Altering the Composition of Lawfully

Manufactured Explosives (as further amended by RA 8294). -

The penalty of prision correccional shall be imposed upon any

person who shall unlawfully repack, alter or modify the composition of anylawfully manufactured explosives.


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Section 7. Unauthorized Issuance of Authority to Carry Firearm and/or

Ammunition Outside of Residence. -

The penalty ofprision correccionalshall be imposed upon any person,

civilian or military, who shall issue authority to carry firearm and/or

ammunition outside of residence, without authority therefor.

The term unlicensed firearm shall include:

1) firearm with expired liscense; or

2) unauthorized use of licensed firearm in the commission of the crime.

(as further amended by RA 8294).

Section 8. Rules and Regulations. -The DOJ and DILG shall jointly issue, within 90 days after approval

of this Act, the necessary rules and regulations pertaining to

the administrative aspect of the provisions hereof x x x.

Section 9. Repealing Clause.

Section 10. Effectivity.


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JURISPRUDENCE in the interpretation of Section 1 of RA 8294:

RA 8294 took effect on July 6, 1997.

Pp vs. Rolando Valdez (1999)- In 1996, accused was convicted of multiple

murder with double frustrated murder. He was also separately

convicted with illegal possession of FA. On appeal, the conviction

for illegal possession of FA was dismissed, giving retroactive

effect to the beneficial provisions of RA 8294.

But in said case the Supreme Court declared in passing,

thus: Asa word of caution, however, the dismissal of the case forillegal possession of FA should not be interpreted as meaning that

there can no longer be any prosecution for crime of illegal

possession of FA. In general, all pending cases involving illegal

possession should continue to be prosecuted and tried if no other

crimes expressly indicated in RA 8294 are involved (murder,

homicide under Sec. 1, and rebellion, insurrection, sedition and

attempted coup detatunder Section 3).


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JURISPRUDENCE . . . (continued)

Pp vs. Walpan Ladjaalam (2000)- Accused was charged with direct assault

with multiple attempted homicide. Ruling: Under Ra 8294, if an

unlicensed FA is used in committing crime, there can be no

separate offense of simple illegal possession of FA. Hence if the

crime is murder or homicide, the use of unlicensed firearm

becomes merely an aggravating circumstance, not a separate

offense.


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JURISPRUDENCE . . . (continued)

Pp vs. Angel Celino Sr., vs. C.A., Cebu City, Hon. Delano Villaluz and

People of the Philippines (2007) - Accused can be convicted of

illegal possession of FA, provided no other crime was committed

by the person arrested. The word committed is understood asconvictedor a prior determination of guilt by final conviction, in

the light of the constitutional presumption of innocence.

Moreover, the Supreme Court said, Whenthe other offense

involved is one of those enumerated under RA 8294, any

information for illegal possession for FA should be quashedbecause the illegal possession of FA would have to be tried

together with such other offense, either considered as an

aggravating circumstance in murder or homicide, or absorbed as

an element of rebellion, insurrection, sedition or attempted coup

detat. Conversely, when the other offense involved is not one of

those enumerated under RA 8294, then the separate case of

illegal possession of FA should continue to be prosecuted.


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ANTI-ILLEGAL

GAMBLING LAW(P.D. 1602, as amended)


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PRESIDENTIAL DECREE No. 1602


(a) x x x

(1) Any person other than those referred to in the succeeding sub-

sections who in any manner, shall directly or indirectly take part in any

illegal or unauthorized activities or games of cockfighting, jueteng, jai

alai or horse racing to include bookie operations and game fixing,

numbers, bingo and other forms of lotteries; cara y cruz, pompiangand the like; 7-11 and any game using dice; black jack, lucky nine,

poker and its derivatives, monte, baccarat, cuajao, pangguingue and

other card games; paik que, high and low, mahjong, domino and

other games using plastic tiles and the likes; slot machines, roulette,

pinball and other mechanical contraptions and devices; dog racing,

boat racing, car racing and other forms of races, basketball, boxing,

volleyball, bowling, pingpong and other forms of individual or teamcontests to include game fixing, point shaving and other

machinations; banking or percentage game, or any other game

scheme, whether upon chance or skill, wherein wagers consisting of

money, articles of value or representative of value are at stake or

made;


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(a) x x x

(b) x x x

(c) The penalty of prision mayor in its medium period with temporary absolute

disqualification or a fine of six thousand pesos shall be imposed if the

maintainer, conductor or banker of said gambling schemes is a government

official, or where such government official is the player, promoter, referee,umpire, judge or coach in case of game fixing, point shaving and

machination.

(d) The penalty of prision correccional in its medium period or a fine ranging

from four hundred to two thousand pesos shall be imposed upon any person

who shall, knowingly and without lawful purpose in any hour of any day,possess any lottery list, paper or other matter containing letters, figures,

signs or symbols pertaining to or in any manner used in the games of

jueteng, jai-alai or horse racing bookies, and similar games of lotteries and

numbers which have taken place or about to take place.


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(a) x x x

(b) x x x

(c) x x x

(d) x x x

(e) The penalty of temporary absolute disqualifications shall be imposed upon

any barangay official who, with knowledge of the existence of a gamblinghouse or place in his jurisdiction fails to abate the same or take action in

connection therewith.

(f) The penalty of prision correccional in its maximum period or a fine ranging

from five hundred pesos to two thousand pesos shall be imposed upon any

security officer, security guard, watchman, private or house detective ofhotels, villages, buildings, enclosures and the like which have the reputation

of a gambling place or where gambling activities are being held.


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PRESIDENTIAL DECREE No. 1602 . . . (continued)

Section 2. Informer's reward. Any person who shall disclose information that

will lead to the arrest and final conviction of the malfactor shall be rewarded

twenty percent of the cash money or articles of value confiscated or forfeited

in favor of the government.

Section 3. Repealing Clause.Section 4. Effectivity.


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R.A. No. 9287 . . . (continued)

DEFINITION OF TERMS:

Illegal Number GamesAny form illegal gambling activity which uses

numbers or combinations as factors in giving out jackpots.

Jueteng- An illegal numbers game that involves the combination of thirty-seven

(37) numbers against thirty-seven (37) numbers from number

one (1) to thirty seven (37), serving as a form of local lottery

where bets are placed and accepted per combination and its

variants.

MasiaoAn illegal numbers games where the winning combination is derived

from the results of the last game of Jai Alai based in the fictitious

Jai Alai game consisting of ten (10) players pitted against oneanother.

Last Two- An illegal numbers game where the winning combination is derived

from the last two (2) numbers of the first prize of the winning

Sweepstakes ticket.


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R. A. No. 9287

DEFINITION OF TERMS . . . (continued)

Bettor (Mananaya or Tayador)Any person who places bets for himself/

herself or in behalf of another person, or any person, other than

the personnel or staff of any illegal numbers game operation.

Personnel or Staff of Illegal Number Games Operation- Any person whoacts in the interest of the maintainer, manager, operator or any

other personnel performing such similar functions in a building

structure, vessel, vehicles, or any other place where an illegal

numbers game is operated or conducted.

Collector or Agent (Cabo Cobrador)Any person who collects, solicits orproduces bets in behalf of his/her principal for an illegal numbers

game who is usually in possession of gambling paraphernalia.

Coordinator, Controller or Supervisor (Encargado)Any person who

exercises control and supervision over the collector or agent.


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R. A. No. 9287

DEFINITION OF TERMS . . . (continued)

Maintainer, Manager, or Operator- Any person who maintains, manages

or operates anti- illegal numbers game in a specific area from

whom the coordinator, controller or supervisor and collectors or

agents get orders.

Financiers or Capitalist- Any person who finances the operations of any

illegal numbers game.

Protector or Coddler- Any person who lends or provides protection, or

receives benefits in any manner in the operation of any illegal

numbers game.


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R. A. No. 9287 . . . (continued)

Section 3. Punishable Acts.

Persons who participate in any illegal numbers game shall suffer the

corresponding penalties, as follows:

a) BETTOR. Imprisonment from thirty (30) days to ninety (90) days.

b) PERSONNEL or STAFF. Imprisonment from six (6) years and 1 day to

eight (8) years.

Same penalty for any person who allows his vehicle, house, building or

land to be used in the operation of the illegal numbers game.

c) COLLECTOR or AGENT. Imprisonment from eight (8) years and 1 day to

ten (10) years.


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R. A. No. 9287

Section 3. Punishable Acts . . . (continued)

d) COORDINATOR, CONTROLLER or SUPERVISOR. Imprisonment

from ten (10) years and 1 day to twelve (12) years.

e) MAINTAINER, MANAGER or OPERATOR. Imprisonment from twelve

(12) years and 1 day to fourteen (14) years.

f) FINANCIER or CAPITALIST. Imprisonment from fourteen (14) years

and 1 day to sixteen (16) years.

g) PROTECTOR or CODDLER. Imprisonment from sixteen (16) years

and 1 day to twenty (20) years.


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Section 4. Possession of Gambling Paraphernalia or Materials.

The possession of any gambling paraphernalia and other materials

used in the illegal numbers game operation shall be deemed prima

facieevidence of any offense covered by this Act.


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Section 5. Liability of Government Employees and/or Public Officials.

a) If the collector, agent, coordinator, controller, supervisor, maintainer,

manager, operator, financer, or capitalist of any illegal numbers games

is a government employee and or public official, whether elected or

appointed, shall suffer the penalty of twelve (12) years and 1

day to twenty years (20) and a fine ranging from P3.0Mto P5.0M and perpetual absolute disqualification from

public office.

b) In case of failure to apprehend perpetrators of any illegal numbers

game, any law enforcer shall suffer an administrative penalty of

suspension or dismissal.


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Section 10. Witness Protection.

Any person who provides material information, whether testimonial

or documentary, necessary for the investigation or prosecution of

individual committing the offenses shall be placed under the Witness

Protection Program pursuant to Republic Act 6981.


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Section 11. Informers Reward.

Any person who, having knowledge or information of any offense

committed and who shall disclose the same which may lead to the

arrest and final conviction of the offender, may be rewarded a certain

percentage of the cash money or articles of value confiscated or

forfeited in favor of the government.


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REPUBLIC ACT No. 6539

(Anti-Carnapping Act of 1972)

Section 2.Definition of terms.

"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.

"Motor vehicle"is any vehicle propelled by any power other than muscular

power using the public highways, but excepting road rollers, trolley

cars, street-sweepers, sprinklers, lawn mowers, bulldozers,

graders, fork-lifts, amphibian trucks, and cranes if not used on

public highways, vehicles, which run only on rails or tracks, and

tractors, trailers and traction engines of all kinds used exclusively

for agricultural purposes. Trailers having any number of wheels,when propelled or intended to be propelled by attachment to a

motor vehicle, shall be classified as separate motor vehicle with

no power rating.lawphi1


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Section 2. Definition of terms . . . (continued)

"Defacing or tampering with" a serial number is the erasing, scratching,

altering or changing of the original factory-inscribed serial number on the

motor vehicle engine, engine block or chassis of any motor vehicle.

Whenever any motor vehicle is found to have a serial number on its motor

engine, engine block or chassis which is different from that which is listed inthe records of the Bureau of Customs for motor vehicles imported into the

Philippines, that motor vehicle shall be considered to have a defaced or

tampered with serial number.

"Repainting"is changing the color of a motor vehicle by means of painting.

"Body-building"is a job undertaken on a motor vehicle in order to replaceits entire body with a new body.


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Section 2. Definition of terms . . . (continued)

"Remodeling" is the introduction of some changes in the shape or form of

the body of the motor vehicle.

"Dismantling"is the tearing apart, piece by piece or part by part, of a motor

vehicle.

"Overhauling" is the cleaning or repairing of the whole engine of a motor

vehicle by separating the motor engine and its parts from the body

of the motor vehicle.


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Section 12. Defacing or tampering with serial numbers of motor

vehicle engines, engine blocks and chassis.

It shall be unlawful for any person to deface or otherwise tamper with the

original or registered serial number of motor vehicle engines, engine blocks

and chassis.


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Section 13. Penal Provisions.

Any person who violates any provisions of this Act shall be punished with

imprisonment for not less than two (2) years nor more than six (6) years and

a fine equal in amount to the acquisition cost of the motor vehicle, motor

vehicle engine or any other part involved in the violation: Provided,That if

the person violating any provision of this Act is a juridical person, the penalty

herein provided shall be imposed on its president or secretary and/or

members of the board of directors or any of its officers and employees who

may have directly participated in the violation.

Any government official or employee who directly commits the unlawful acts

defined in this Act or is guilty of gross negligence of duty or connives with or

permits the commission of any of the said unlawful act shall, in addition tothe penalty prescribed in the preceding paragraph, be dismissed from the

service with prejudice to his reinstatement and with disqualification from

voting or being voted for in any election and from appointment to any public

office.


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Section 14. Penalty for Carnapping. Any person who is found guilty of

carnapping, as this term is defined in Section two of this Act, shall,

irrespective of the value of motor vehicle taken, be punished by

imprisonment for not less than fourteen years and eight months and not

more than seventeen years and four months, when the carnapping is

committed without violence or intimidation of persons, or force upon things;

and by imprisonment for not less than seventeen years and four months andnot more than thirty years, when the carnapping is committed by means of

violence against or intimidation of any person, or force upon things; and the

penalty of life imprisonment to death shall be imposed when the owner,

driver or occupant of the carnapped motor vehicle is killed in the commission

of the carnapping.

Section 17. Separability Clause.

Section 18. Repealing clause.


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ANTI-FENCING LAW(P.D. No. 1612)


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PRESIDENTIAL DECREE NO. 1612

(Anti-Fencing Law)

Section 1. Title.

Section 2. Definition of Terms.- The following terms shall mean as follows:

(a) "Fencing" - is the act of any person who, with intent to gain for

himself or for another, shall buy, receive, possess, keep,

acquire, conceal, sell or dispose of, or shall buy and sell,

or in any other manner deal in any article, item, object oranything of value which he knows, or should be known to

him, to have been derived from he proceeds of the crime

of robbery or theft.

(b) "Fence" - includes any person, firm, association corporation or

partnership or other organization who/which commits theact of fencing.


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PRESIDENTIAL DECREE NO. 1612

(Anti-Fencing Law)

Section 2. Definition of Terms . . . (continued)

(c) "Used secondhand article" - shall refer to any goods, article, item,

object or anything of value obtained from an unlicensed

dealer or supplier, regardless of whether the same has

actually or in fact been used.

(d)"Unlicensed dealer/supplier" - shall refer to any persons,

partnership, firm, corporation, association or any other

entity or establishment not licensed by the government to

engage in the business of dealing in or of supplying the

articles defined in the preceding paragraph.

(e) "Buy and Sell" - refer to the transaction whereby one purchases

used secondhand articles for the purpose of resale to t

third persons.


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Section 3. Penalties. - Any person guilty of fencing shall be punished as

hereunder indicated:

(a) The penalty of prision mayor, if the value of the property involved

is more than 12,000 pesos but not exceeding 22,000 pesos;

If the value of such property exceeds the latter sum, the penaltyprovided in this paragraph shall be imposed in its maximum

period, adding one year for each additional 10,000 pesos; but the

total penalty which may be imposed shall not exceed twenty

years. In such cases, the penalty shall be termed reclusion

temporal and the accessory penalty pertaining thereto provided in

the Revised Penal Code shall also be imposed.

(b) The penalty of prision correccional in its medium and maximum

periods, if the value of the property robbed or stolen is more than

6,000 pesos but not exceeding 12,000 pesos.


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Section 3. Penalties . . . (continued)

(c) The penalty of prision correccional in its minimum and medium

periods, if the value of the property involved is more than 200

pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prisioncorreccional in its minimum period, if the value of the property

involved is over 50 pesos but not exceeding 200 pesos.

(e) The penalty of arresto mayorin its medium period if such value is

over five (5) pesos but not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such valuedoes not exceed 5 pesos.


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Section 4. Liability of Officials of Juridical Persons. If the fence is a

partnership, firm, corporation or association, the president or the

manager or any officer thereof who knows or should have known

the commission of the offense shall be liable.


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Section 5. Presumption of Fencing. Mere possession of any good,

article, item, object, or anything of value which has been the

subject of robbery or thievery shall be prima facie evidence of

fencing.


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special crim law

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