PD 603: Child and Youth Welfare Code
Exempt from criminal liability: Child 15 below Child 15-18 that acted without discernment *at the time of the commission of the offense If the court finds that the youthful offender committed the crime charged it shall determine the imposable penalty and ci!il liability but not pronounce "udgment of con!iction # proceedings are instead instead suspended $outhful offender returned to committing court for pronouncement of "udgment: 1% Incorrigible &% 'illful failure to comply with rehabilitation program (% Continued stay in institution inad!isable 'hen youthful offender has reached 18 while in commitment the court shall: 1% )ismiss # if offender beha!ed properly &% ronounce con!iction # if conditions are not met - offender may apply for probation $outhful offender shall be credited in the ser!ice of his sentence with the full time spent in actual commitment and detention% RA 9165: Comprehensive Danerous Drus A!t
+inancier- raises or supplies money for illegal acti!ities rotector,Coddler rotector,Coddler # nowingly or willfully consents to the unlawful acts facilitates escape of !iolators usher # sells trades or deli!ers )) lea-.argaining rohibited robation /aw not applicable *regardless of imposable penalty 0ualifying ggra!ating ggra!ating Circumstance if offender under influence of )) unishable cts: 1% Importation* &% 2ale* # buyer must recei!e the drugs from the accused Elements: a% Identity of buyer and seller b% 3b"ect and and Consideration of the sale c% )eli!ery 4with nowledge d% ayment (% 6aintenance of a den di!e resort* resort* 7% Employment in and !isiting a den di!e resort 5% 6anufacturing ))* % Illegal chemical di!ersion 9% 6anufacture or deli!ery of euipment 8% ossession of )) Elements: a% ossession of item identified as )) b% ;ot authori
1>% ossession of )) during parties 4proximate company of at least & persons 11% ossession of euipment during parties 4proximate company of at least & persons 1&% ?se of )) 1(% Culti!ation or culture of plants or other source* 17% +ailure to maintain and eep records of transactions 15% ?nnecessary prescription 1% ?nlawful prescription *6ere attempt or conspiracy to commit punishable Custody and disposition of Confiscated 2ei
% )). informed of termination of case Chain of Custody # duly recorded authori
g% not con!icted of a crime in!ol!ing moral turpitude except when there is no other direct e!idence a!ailable Confinement of a drug dependent may be !oluntary or compulsory% )rug dependent who is discharged as rehabilitated but does not ualify for exemption from criminal liability may be charged but shall be placed on probation and undergo community ser!ice in lieu of imprisonment in the discretion of the court without pre"udice to the outcome of an y pending case% If offender is a first time minor offender sentence shall be suspended% Can be a!ailed of only once% - o!er 15 at the time of the commission of the offense but not more than 18 at the time "udgment is promulgated - probation or community ser!ice in lieu of imprisonment in the discretion of the court 6inors as drug pushers are disualified from probation% RA 9"6": Anti#$iolen!e Aainst Women and their Children
Elements: 1% sexual or dating relationship &% act or series of acts of harassment (% emotional or psychological distress single act of harassment is enough to con!ict the offender It is not indispensable that the act of !iolence be a conseuence of the dating or sexual relationship% Bhat dating relationship ceased prior to !iolence is not a defense% iolence against 'omen and Children # any act or series of acts committed by any person against a woman who is his: 1% wife &% former wife (% a woman with whom he has or had a sexual or dating relationship% 7% a woman with whom he has a common child 5% child - include: a% physical !iolence b% economic abuse c% psychological !iolence d% sexual !iolence .attered 'oman 2yndrome as a proper defense notwithstanding the absence of any of the elements for selfdefense - & battering episodes are necessary 4& cycles of tension building acute battering incident and tranuil lo!ing phase cts punishable 42ection 5 rescripti!e eriod: 1-: &> yearsA 9-= 1> years enue: DBC designated as family court 1% Bhreatening to cause ph ysical harm &% ttempting to cause physical harm (% lacing in fear of imminent physical harm
7% ttempting to compel or compelling to engage in conduct with right to desist or desist rom conduct with right to engage inA attempting to restrict or restricting freedom of mo!ement 5% Inflicting or threatening to inflict physical harm on oneself to control actions and decisions % Causing physical harm 9% Causing or attempting to cause to engage in any sexual acti!ity not rape 8% Causing mental or emotional anguish public ridicule or humiliation =% Engaging in purposeful nowing or recless conduct that cause alarm or distress 4staling harassment
Issued by
rocedure for determination of basis of application 2pecific act protected
Effecti!ity enalty for !iolation
.3 unong .arangay or .arangay agawad in case of absence
Ex parte
B3 +amily Cour DBC,6BC territorial "ur o!er place o residence of ;otice and h
Bhreatening , ttempting to cause physical harm 42ec 5 aFb 15 days Imprisonment of (> days without pre"udice to any other criminal or ci!il action
ny some o reliefs menti the ct (> days Contempt of without pre" any other cri ci!il action
iolence against 'omen and Children is a public crime - may be prosecuted upon the filing of a complaint by any citi
Child # below 18 Child in Conflict with the /aw # alleged as accused of or ad"udged as ha!ing committed an offense under hilippine laws Inter!ention # series of acti!ities designed to address issues that caused the child to commit the crime 4indi!iduali
Criminal /iability Exempt but inter!ention program Exempt but inter!ention program Criminal liability but di!ersion program 18 abo!e Criminal liability Deconing point: time of commission of offense
rocedure: 1% )etermination of ge &% scertainment of Criminal /iability based on ge and )iscernment (% )ischarge of the CIC/ If child is 15 and below the authority in consultation with the local social welfare and de!elopment officer has to release the child to the custody of: 1% parents,guardian,nearest relati!e &% duly registered non-go!ernmental or religious organi
-
upon recommendation of social worer with custody of the child ob"ecti!e of the disposition measures fulfilled not affect ci!il liability
Deturn of CIC/ to court for execution of "udgment - ob"ecti!e of disposition measures not fulfilled - CIC/ willfully failed to comply with conditions of program CIC/ reached 18 while under suspended sentence # court shall determine whether: 1% discharge &% order execution of sentence (% extend suspended sentence until maximum age of &1 CIC/ credited in the ser!ice of his sentence with the full time spent in actual commitment and detention% robation as an alternati!e to imprisonment # upon application at any time 3ffenses not applicable to children: 4they are exempt but counseling and treatment 1% agrancy and prostitution &% 6endicancy (% 2niffing of rugby RA 10591: Comprehensive 'irearms and Ammunition Reulation A!t
n imitation firearm used in the commission of a crime shall be considered a real firearm and the person who committed the crime shall be punished in accordance with this ct% ermit to Carry +irearm 3utside of Desidence F ermit to Bransport +irearm - written authority issued by Chief of the ; cts unishable: 1% ?nlawful acuisition or possession &% ?se of loose firearm in the commission of a crime # aggra!ating circumstance - If the crime is committed without using the loose firearm # separate offense (% Carriage of registered firearm outside of residence without legal authority 7% ?nlawful manufacture sale importation acuisition disposition possession 5% ?nlawful taing sale or disposition by any laborer worer or employee of a licensed firearms dealer % rms smuggling 9% ?nlawful tampering obliteration or alteration of firearms identification 8% lanting e!idence =% +ailure to notify ; of lost or stolen firearm within (> days 1>% +ailure to notify ; of change of residence within (> days 11% Illegal transfer or registration of firearms to person not licensed
Imposition of penalty for any !iolation of this ct includes the accessory penalty of confiscation and forfeiture of the firearm% RA %103: (ndeterminate )enten!e *a+
Indeterminate sentence # sentence with a minimum and a maximum term - mandatory where maximum imprisonment exceeds 1 year but only if fa!orable to the accused - applies to both !iolations of DC and special laws
robation # defendant after con!iction and sentence is released sub"ect to conditions imposed by the court and super!ision of the probation officer - not an absolute right - mere pri!ilege whose grant rests upon the discretion of the court - may be granted e!en if the sentence is fine only but with subsidiary imprisonment - application must be filed with the trial court within the period for perfecting an appeal - no application for probation shall be entertained or granted if defendant perfected an appeal Exception: Colinares o ppealed decision which imposes a sentence disualifying the accused an opportunity to apply for probation was set aside as an erroneous "udgment
DC 6aximum roperly imposed under DC considering aggra!ating and mitigating circumstances 6inimum 'ithin the range of penalty one degree lower than that prescribed by the DC without considering +iling for application for probation # wai!er of right to appeal circumstances 3rder granting,denying probation # not appealable ccessory penalties # deemed suspended once probation is 4'hen there is a pri!ileged granted mitigating circumstance the startingCi!il liability # not affectedA may be appealed point is the penalty next lower than .efore grant of probation # prior in!estigation by probation that prescribed by the DC officer and determination of court Criteria for placing an offender on probation: information on 6odifying circumstances are considered only in the character and condition of offenderA institutional and imposition of the maximum term% community resources
I2/ not pplicable: 1% Imprisonment not exceed 1 year &% )estierro or suspension (% D or /I 7% Con!icted of iracy 5% iolated terms of conditional pardon % Con!icted of treason , conspiracy or proposal to commit treason 9% Jabitual )elinuent 4Decidi!ists are entitledA 3ffender ualified e!en if crime is committed while he is on parole 8% Escaped from confinement , e!aded sentence =% Con!icted of misprision of treason espionage rebellion sedition Delease of risoner on arole - after ser!ing minimum penalty - appears to the .oard that: 4a fit for releaseA 4b reasonable probability that he will not !iolate the lawA 4c not incompatible with welfare of society Entitlement to +inal Delease and )ischarge - paroled prisoner shall show himself to be a 4a lawabiding citi
robation shall be denied if the court finds that: 1% 3ffender is in need of correctional treatment through commitment &% ?ndue ris of committing another crime (% )epreciate seriousness of crime )isualified 3ffenders: 1% Imprisonment of H years &% Con!icted of sub!ersion or any crime against national security , public order (% re!iously con!icted by final "udgment of an offence punished by imprisonment K 1 month and 1 day and,or a fine K &>> 7%3nce placed on probation 5% ppealed 4not apply to minor offendersA can apply for probation anytime % Con!icted of )rug Brafficing,ushing 9% Con!icted of Election 3ffenses eriod of robation Imprisonment L 1 year 1 # years 2ubsidiary imprisonment
robation L 1 year L years Bwice the peri
rrest of persons on probation - court shall issue warrant for any serious !iolation of the conditions of probation - once arrested probationer shall be brought to court for summary hearing on the !iolation charged - if !iolation is established the court may re!oe or continue his probation
-
if re!oed probationer shall ser!e the sentence originally imposed
Bermination of probation # by court order - case deemed terminated - restoration of all ci!il rights - discharged from liability for fine PD 53": Anti#Pira!. and Anti#/ih+a. Ro--er. *a+ - punishes as highway robbery or brigandage only acts of robbery perpetrated by outlaws indiscriminately against any person on hilippine highways
&% ccused 4not a principal or accomplice acuires or deals with an item (% nows or should ha!e nown that item deri!ed from robbery,theft 7% Intent to gain ccessory in robbery theft may be prosecuted as such under DC or principal under ) 11&% P "": oun!in Che!s *a+
cts unishable: 1% nowing at the time of issue that funds are insufficient Elements: iracy # attac upon or sei days ransom extortion or other unlawful purposes or the taing Elements: away of the property of another by means of !iolence against a% issues chec or intimidation of person or force upon things committed by b% sufficient funds upon issuance of chec any person on any hilippine Jighway% c% failure to eep sufficient funds if chec is presented within cts unishable enalties => days from date appearing thereon d% dishonor iracy DB med max e% refuses or fails to pay within 5 baning days iracy with physical in"uries or other crimes D iracy with rape,murder,homicide D , /I iracy and the offenders: D , /I Issuing chec whose payment is refused for insufficiency of funds when presented within => days from the date of the 1% abandoned the !ictims without means of sa!ing chec # prima facie e!idence of nowledge of insufficiency of themsel!es funds% &% sei days # maintain sufficient funds to destroy presumption of ccomplice is any person who: nowledge of insufficiency of funds 1% nowingly aids or protects pirates or highway robbers , 18> days # if not enchased will mae the chec stale brigands &% cuires or recei!es property taen payment of the chec before filing of information # no (% bets the commission directly or indirectly criminal liability payment of chec after filing of information # not exonerate PD 161": Anti#'en!in *a+ accused +encing # act of any person who with intent to gain for himself or for another shall deal with any item which he nows or should ha!e nown to ha!e been deri!ed from robbery or theft% resumption of +encing: mere possession of any item which has been the sub"ect of robbery or theft% Exception: ossession of Clearance or ermit to sell used second hand articles Elements: 1% Dobbery or theft
RA 6539: Anti#Carnappin A!t
Carnapping # taing with intent to gain of motor !ehicle belonging to another without the latters consent or by means of !iolence against or intimidation of persons or by using force upon things% Elements: 1% ctual taing &% Intent to gain (% ehicle belongs to a person other than offender - it is not necessary that the person unlawfully di!ested of the property be the owner
7% without consent of the owner taing by means of !iolence against or intimidation of persons or force upon things If the motor !ehicle was not taen but was deli!ered by the owner or possessor to the offender who thereafter misappropriated it:
1% 0ualified Bheft # material or physical possession gi!en to offender &% Estafa - material and "uridical possession gi!en to offender
