Special Penal Laws Reviewer

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SPECIAL PENAL LAWS – JUDGE PIMENTEL

ANTI-MONEY LAUNDERING ACT (RA 9160), AS AMENDED BY RA 9194 Approved on September 29, 2001 What is the purpose of this Act? To protect and preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site for the proceeds of any unlawful activity. Consistent with its foreign policy, the State shall extend cooperation in transnational investigations and prosecutions of persons involved in money laundering activities wherever committed. What is a Money Laundering offense? It is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, thereby making them appear to have originated from legitimate sources. What are Unlawful Activities? Any act or omission or series or combination thereof involving or having direct relation to following: (1) Kidnapping for ransom (2) Violations under the Comprehensive Dangerous Act of 2002 (3) Violations under Anti-Graft and Corrupt Practices Act (4) Plunder (5) Robbery and extortion (6) Jueteng and Masiao (7) Piracy on the high seas (8) Qualified theft (9) Swindling (10) Smuggling (11) Violations under the E-Commerce Act of 2000; (12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, including those perpetrated by terrorists against non-combatant persons and similar targets; (13) Fraudulent practices and other violations under Securities Regulation Code of 2000 (14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries. Who can be guilty of money laundering offense? (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said monetary instrument or property. (b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he falicitates the offense of money laundering referred to in paragraph (a) above. (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so. What court has competent jurisdiction over a money laundering offense?

Monica S. Cajucom | UST Law “That in all things God may be glorified.”

The regional trial courts shall have jurisdiction to try all cases on money laundering. Those committed by public officers and private persons who are in conspiracy with such public officers shall be under the jurisdiction of the Sandiganbayan. May a person be charged with and convicted of both the offense of money laundering and the unlawful activity as herein defined? Yes. Suppose that any monetary instrument or property is in any way related to an unlawful activity? The Court of Appeals, upon application ex parte by the AMLC and after determination that probable cause exists may issue a freeze order which shall be effective immediately. The freeze order shall be for a period of 20 days unless extended by the court. May the AMLC inquire into or examine any particular deposit or investment? Yes. But only upon order of any competent court in cases of violation of this Act, when it has been established that there is probable cause that the deposits or investments are related to an unlawful activities or a money laundering offense. Exceptions: Unlawful activities defined in numbers (1), (2) and (12). May the BSP do the same inquiry and examination of any deposit or investment? Yes. When the examination is made in the course of a periodic or special examination, in accordance with the rules of examination of the BSP. May this Act be used as a means of political harassment? Of course not. This Act shall not be used for political persecution or harassment or as an instrument to hamper competition in trade and commerce. No case for money laundering may be filed against and no assets shall be frozen, attached or forfeited to the prejudice of a candidate for an electoral office during an election period. What will govern the restitution for the aggrieved party? The provisions of the New Civil Code. Penalty: (a) Penalties for the Crime of Money Laundering. - The penalty of imprisonment ranging from seven (7) to fourteen (14) years and a fine of not less than Three Million Philippine pesos (PhP3,000,000.00) but not more than twice the value of the monetary instrument or property involved in the offense, shall be imposed upon a person convicted under Section 4(a) of this Act. The penalty of imprisonment from four (4) to seven (7) years and a fine of not less than One million five hundred thousand Philippine pesos (PhP1,500,000.00) but not more than Three million Philippine pesos (PhP3,000,000.00), shall be imposed upon a person convicted under Section 4(b) of this Act. The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One hundred thousand Philippine pesos (PhP100,000.00) but not more than Five hundred thousand Philippine pesos (PhP500,000.00), or both, shall be imposed on a person convicted under Section 4(c) of this Act.

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(b) Penalties for Failure to Keep Records. - The penalty of imprisonment from six (6) months to one (1) year or a fine of not less than One hundred thousand Philippine pesos (PhP100,000.00) but not more than Five hundred thousand Philippine pesos (PhP500,000.00), or both, shall be imposed on a person convicted under Section 9(b) of this Act. (c) Malicious Reporting. - Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money laundering transaction against any person shall be subject to a penalty of six (6) months to four (4) years imprisonment and a fine of not less than One hundred thousand Philippine pesos (PhP100,000.00) but not more than Five hundred thousand Philippine pesos (PhP500,000.00), at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of the Probation Law. 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 the commission of the crime or who shall have knowingly permitted or failed to prevent its commission. If the offender is a juridical person, the court may suspend or revoke its license. If the offender is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties herein prescribed. If the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same penalties prescribed herein. (d) Breach of Confidentiality. - The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less than Five hundred thousand Philippine pesos (PhP500,000.00) but not more than One million Philippine pesos (PhP1,000,000.00), shall be imposed on a person convicted for a violation under Section 9(c).

ANTI-RED TAPE ACT (RA 9485) Approved on June 02, 2007

present only inconsequential issues for the resolution by an officer or employee of said government office. What are "Complex Transactions"? Requests or applications submitted by clients of a government office which necessitate the use of discretion in the resolution of complicated issues by an officer or employee of said government office, such transaction to be determined by the office concerned. What is "Frontline Service"? The process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of the enumerated applications and/or requests which are acted upon in the ordinary course of business of the agency or office concerned. What is "Action"? The written approval or disapproval made by a government office or agency on the application or request submitted by a client for processing. What is "Irrevelant requirement"? Any document or performance of an act not directly material to the resolution of the issues raised in the request or needed in the application submitted by the client. What is a "Fixer? Any individual whether or not officially involved in the operation of a government office or agency who has access to people working therein, and whether or not in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration. What is required of office agencies providing frontline service to reduce bureaucratic red tape and processing time? They are mandated to regularly undertake time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and re-engineer the same if deemed necessary. What is a Citizen's Charter? It contains service standards in the form of information billboards which should be posted at the main entrance of offices or at the most conspicuous place, and in the form of published materials written either in English, Filipino, or in the local dialect, that detail:

What is the coverage of this Act? All government offices and agencies including local government units and governmentowned or -controlled corporations that provide frontline services as defined in this Act.

(a) The procedure to obtain a particular service;

What are excluded in the coverage of this Act? Those performing judicial, quasi-judicial and legislative functions.

(c) The maximum time to conclude the process;

What are "Simple Transactions"? Requests or applications submitted by clients of a government office or agency which only require ministerial actions on the part of the public officer or employee, or that which


(b) The person/s responsible for each step;

(d) The document/s to be presented by the customer, if necessary; (e) The amount of fees, if necessary; and (f) The procedure for filing complaints.

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(c) The testimony of said respondent/accused-informant can be substantially corroborated in its material points; What is the remedy if a government office fails to act on an application or renewal of license or permit within the prescribed period? Said permit, license or authority shall automatically be extended until a decision or resolution is rendered on the application for renewal: Provided, That the automatic extension shall not apply when the permit, license, or authority covers activities which pose danger to public health, public safety, public morals or to public policy including, but not limited to, natural resource extraction activities. What is a Report Card Survey? It shall be used to obtain feedback on how provisions in the Citizen's Charter are being followed and how the agency is performing. It shall also be used to obtain information and/or estimates of hidden costs incurred by clients to access frontline services which may include, but is not limited to, bribes and payment to fixers. Wha are considered violations under this Act? (a) Light Offense (1) Refusal to accept application and/or request within the prescribed period or any document being submitted by a client; (2) Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirement/s within the prescribed period; (3) Failure to attend to clients who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch (4) Failure to render frontline services within the prescribed period on any application and/or request without due cause; (5) Failure to give the client a written notice on the disapproval of an application or request; and (6) Imposition of additional irrelevant requirements other than those listed in the first notice. (b) Grave Offense - Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage. Are fixers subject to civil and criminal liability? Yes.The finding of administrative liability shall not be a bar to the filing of criminal, civil or other related charges. What is effect of whenever a person charged voluntarily gives out information with regard to the investigation or testifies in the case? He will be exempt from prosecution in the case/s where his/her information and testimony are given. Provided, That: (a) There is absolute necessity for the testimony of the respondent/accused-informant whose discharge is requested; (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said respondent/accused-informant;


(d) The respondent/accused-informant has not been previously convicted of a crime involving moral turpitude; and (e) Said responden/accused-informant does not appear to be the most guilty. Evidence adduced in support of the discharge shall automatically form part of the records of the investigation. Should the investigating body or court deny the motion or request for discharge as a witness, his/her sworn statement shall be inadmissible as evidence.

ANTI-CARNAPPING ACT (RA 6539) Approved on August 26, 1972 What is Carnapping? It 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. What is a Motor vehicle? It 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. What is "Defacing or tampering with" a serial number? It 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 in the 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. What is Repainting? It is changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. What is Body-building? It is a job undertaken on a motor vehicle in order to replace its entire body with a new body. What is Remodeling? It is the introduction of some changes in the shape or form of the body of the motor vehicle.

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What is Dismantling? It is the tearing apart, piece by piece or part by part, of a motor vehicle. What is Overhauling? It 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. When should one must register his vehicle? Within one year after the approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine block or chassis. What is the effect of non-registration? They shall be considered as untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the Government. Are there charges in the registration? None. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges. Suppose the motor vehicle is sold to another person, must there be a new subsequent registration? Yes. Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall be registered with the Land Transportation Commission. What is the effect of non-registration? Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines, engine blocks and chassis not registered with the Land Transportation Commission shall not be issued certificates of registration and shall be considered as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources. What is the procedure when seeks original registration of a vehicle? 1) Whether that motor vehicle is newly assembled or rebuilt or acquired from a registered owner, he shall within one week after the completion of the assembly or rebuilding job or the acquisition thereof from the registered owner, apply to the Philippine Constabulary for clearance of the motor vehicle for registration with the Land Transportation Commission. 2) The Philippine Constabulary shall, upon receipt of the application, verify if the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts. 3) If the motor vehicle or any of its numbered parts is not in that list, the Philippine Constabulary shall forthwith issue a certificate of clearance. 4) Upon presentation of the certificate of clearance from the Philippine Constabulary and after verification of the registration of the motor vehicle engine, engine block and chassis in the permanent registry of motor vehicle engines, engine blocks and chassis, the Land Transportation Commission shall register the motor vehicle.


What is the duty of Collector of Customs when an imported motor vehicle, etc. has arrived? He shall, within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein, make a report of the shipment to the LTC, specifying the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by the LTC. What is the duty of importers, distributors and sellers of motor vehicles? They shall keep a permanent record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the LTC. What is the duty of manufacturers of engine blocks, chassis or body? They shall cause the numbering of every engine block, chassis or body manufactured in a convenient and conspicuous part thereof which the LTC may direct for the purpose of uniformity and identification of the factory and shall submit to the Land Transportation Commission a monthly report of the manufacture and sale of engine blocks, chassis or body. What is the requirement for assembly or rebuilding of motor vehicles? The person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. Is a permit required in mounting motor vehicles on motor boats, motor bancas and other light water vessels? Yes. The applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the LTC the pertinent data concerning the motor vehicle engines including their type, make and serial numbers. Is clearance required for shipment of motor vehicles, motor vehicle engines, engine blocks, chassis or body? Yes. Any person who owns or operates inter-island shipping or any water transportation with launches, boats, vessels or ships shall within seven days submit a report to the Philippine Constabulary. Is defacing or tampering with serial numbers illegal? Yes. 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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What will happen to aliens guilty of violating this Act? They shall be deported immediately after service of sentence without further proceedings by the Deportation Board. Is a person who voluntarily gives out information to aid authorities entitled to a reward? Yes. Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the conviction of the persons charged with carnapping shall be given as reward so much reward money as the Philippine Constabulary may fix. Any information given by informers shall be treated as confidential matter. Penalty: 1) Any person who violates any provisions of this Act shall be punished with imprisonment for not less than two years nor more than six 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. 1) 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 to the 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. 3) 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 and not 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.

ANTI-HAZING LAW (RA 8049) What is Hazing? It is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. What does the term "organization" include? Any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. What are the not considered as hazing under this Act? Physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the AFP and the PNP as approved by the Secretary of National Defense and the National Police Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the PNP. What is required prior to hazing or initiation rites? Prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. What should be contained in the written notice? 1) Period of the initiation activities which shall not exceed 3 days 2) Names of those to be subjected to such activities 3) An undertaking that no physical violence be employed by anybody during such initiation rites Who must be present during the initiation? At least 2 representatives of the school or organization assigned by the head of the school or organization. What is the duty of the representative assigned to be present? To see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant. What happens if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof? The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. Aside from the officers and members who participated in the hazing, who can also be liable? 1) The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.


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2) If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. 3) The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. 4) The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

f.) The penalty of prison mayor in its medium period if in consequence of the hazing the victim shall have been ill or capacitated for the performance of the activity or work in which he was habitually engaged for ten (10) days or more, or that the injury sustained shall require medical attendance for the same period.

What is prima facie evidence that a person participated in the hazing? The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein.

The responsible officials of the school or of the police, military or citizen’s army training organization may impose the appropriate administrative sanctions on the person or persons charged under this provision even before their conviction.

Is the person liable entitled to a mitigating circumstance? Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

The maximum penalty herein provided shall be imposed in any of the following instances:

Is this also applicable in cases wherein hazing is a prior requisite for employment? Yes. It shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. Penalty: a.) The penalty of reclusion perpetual if death, rape, sodomy or mutilation results therefrom. b.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.

g.) The penalty of the prison mayor in its period if in consequence of the hazing the victim shall have been ill or incapacitated for the performance of the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical attendance for the same period. h.) The penalty of prison correctional in its maximum period if in consequence of the hazing the victim shall sustain physical injuries, which do not prevent him/her from engaging in his habitual activity, or work nor require medical attendance.

a.) When the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; b.) When the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting. c.) When the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities or to the police authorities, through force, violence, threat or intimidation; d.) When the hazing is committed outside of the school or institution; or e.) When the victim is below twelve (12) years of age at he time of hazing.

c.) The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim 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 shall have lost the use of nay such member shall have become incapacitated for the activity or work in which he/she was habitually engaged. d.) The penalty of reclusion temporal in its minimum period if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his/her body, or shall have lost the use thereof or shall have been ill or incapacitated for the performance of the activity or work in which he/she has habitually engaged for a period of more than ninety (90) days. e.) The penalty of prison mayor in its maximum period if in consequence of the hazing the victim shall have been ill or incapacitated for the performance of the activity or work in which he was habitually engaged for more than thirty (30) days.


ANTI-FENCING LAW OF 1979 (PD 1612) Effective on March 2, 1979 What is Fencing? It 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 or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Who is a Fence? It includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.

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What is the penalty? It depends on the value of the property. 1) More than P12,000 but not exceeding P22,000 - Prision mayor 2) Exceeding P22,000 - Prision mayor (max). Additional of 1 year for each P10,000. However, the total penalty shall not exceed 20 years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the RPC shall also be imposed 3) More than P6,000 but not exceeding P12,000 - Prision correccional (med and max) 4) More than P200 but not exceeding P6,000 - Prision correccional (min and med) 5) More than P50 but not exceeding P200 - Arresto mayor (med) to Prision correccional (min) 6) More than P5 but not exceeding P50 - Arresto mayor (med) 7) Not exceeding P5 - Arresto mayor (min) Is an official of a juridical entity liable? Yes. The president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. When can there be a 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. Must a clearance or permit to sell be secured first before selling the goods in public? Yes. All stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. What happens if there is a failure to secure a clearance or permit to sell? Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. Penalty: 1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who violates any of the provisions of these rules and regulations shall upon conviction be punished as a fence.

upon termination of the case, the same is not claimed by their legitimate owners, the article/s shall be forfeited in favor of the government and made subject to disposition as the circumstances warrant in accordance with applicable existing laws, rules and regulations. The Commission on Audit shall, in all cases, be notified. 5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No. 1612 or any of its implementing rules and regulations or who, in any manner whatsoever, connives with or through his negligence or inaction makes possible the commission of such violations by any party required to comply with the law and its implementing rules and regulations, shall be prosecuted criminally without prejudice to the imposition of administrative penalties.

ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019) Approved on August 17, 1960 Who is a Public Officer? Elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government. What do you mean by "receiving any gift"? It is the act of accepting (directly or indirectly) a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive. What constitutes unlawful and corrupt practices of a public officer? (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

2. The INP Director-General shall recommend to the proper authority the cancellation of the business license of the erring individual, store, establishment or the entity concerned.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in restraint until satisfactory evidence or legitimacy of acquisition has been established.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given.

4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to be stolen property shall likewise be held under restraint and shall, furthermore, be subject to confiscation as evidence in the appropriate case to be filed. If,

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.


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(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

What is Close Personal Relation? It shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer. Who among those related to the President, Vice-President, Senate President, House Speaker are prohibited to intervene, directly or indirectly, in any business, transaction, contract or application with the government? The spouse or any relative, by consanguinity or affinity, within the third civil degree. Exception: Any person who, prior to the assumption of office of the official, has been already dealing with the Government along the same line of business, or to any transaction, contract or application already existing or pending at the time of such assumption of public office, or to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, or to any act lawfully performed in an official capacity or in the exercise of a profession.

(h) Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

What is the prohibition on any member of the Congress? To acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the his term.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

With regard to enactment or adoption of a law or resolution, who can be liable? Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.

Suppose the member of the Congress or a public officer has an interest even prior to the approval or the law or resolution authored or recommended by him? It is unlawful for such member of Congress or other public officer to continue to retain such interest for 30 days after approval.

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. What happens to the person giving the gift, present, share, percentage or benefit, or offering or giving to the public officer employment, or urging the divulging or untimely release of the confidential information? Such person, together with the offending public officer, will be punished under this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.

When should every public officer prepare and file his Statement of Assets and Liabilities (SAL)? Within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office. What should the SAL contain? A true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year. Suppose a public officer assumed office less than two months before the end of the calendar year? He may file his statement in the following months of January. When can a public official be considered guilty of graft and corruption?

What includes Family Relation? It shall include the spouse or relatives by consanguinity or affinity in the third civil degree.


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If he has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. What is the consequence of such violation? It shall be a ground for dismissal or removal. What are also considered in the determination of the public official's guilt?Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary. Who has competent jurisdiction of graft and corruption cases? Until otherwise provided by law, the proper Court of First Instance in its original jurisdiction. What is the prescription period? 10 years. Is the public officer concerned allowed to resign pending an investigation, criminal or administrative, or pending a prosecution against him? No. Will the public officer be suspended? Yes. Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. What happens if he is convicted? He shall lose all retirement or gratuity benefits under any law. If he is acquitted? He shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him. What gifts or presents are excepted in this Act? Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage. Can a public official still practice his profession, lawful trade or occupation during his incumbency? Yes. Provided that, under the law, he may legitimately practice his profession, trade or occupation during his incumbency. Exception: Where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.


ANTI-SEXUAL HARASSMENT ACT (RA 7877) Approved on February 14, 1995 Who are protected under this Act? Workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful. Who can commit work, education, or training-related sexual harassment? An employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment. How is sexual harassment committed? Thru demands, requests or otherwise requires any sexual favor from the other, regardless of whether it is accepted. In a work-related or employment environment, when is a sexual harassment committed? (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive ordiminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. In an education or training environment, against whom a sexual harassment is made? (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender. In the same abovementioned environment, when is a sexual harassment committed? (1) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or (2) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Aside from the person who committed sexual harassment, who is also liable? Any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable.

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What is the duty of the employer or head of the office in a work-related, education or training environment? To prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. To what extent is the liability of the employer or head? He/She shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken. Can the victim of work, education or training-related sexual harassment institute a separate and independent action for damages and other affirmative relief? Yes. What is the penalty? Imprisonment of not less than 1 month nor more than 6 months, or a fine of not less than P10,000 nor more than P20,000, or both at the discretion of the court. What is the prescription period? 3 years.

ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) Approved on February 15, 2010 What is Broadcast? To make public, by any means, a visual image with the intent that it be viewed by a person or persons. What is Capture? It is with respect to an image, means to videotape, photograph, film, record by any means, or broadcast. What is Photo or Video Voyeurism? 1) It is the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy. 2) It is also the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such person's.


What does "Under circumstances in which a person has a reasonable expectation of privacy" mean? It means believe that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place. What are the prohibited acts under this law? (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. Can a person reproduce, distribute, or broadcast the photo or video coverage if he has been given consent by such person/s in the photo or video? No. Notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Can the photo or video be used as evidence in a trial of anti-voyeurism? Yes. Any peace officer, who is authorized by a written order of the court, can use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism. Can a photo orvideo coverage taken in violation of this Act be admissible in evidence? No. Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasijudicial, legislative or administrative hearing or investigation.

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BANK SECRECY ACT (RA 1405) Approved on September 9, 1955 What is the purpose of the Bank Secrecy Act? To give encouragement to the people to deposit their money in banking institutions and to discourage private hoarding so that the same may be properly utilized by banks in authorized loans to assist in the economic development of the country. What are considered absolutely confidential in nature and hence cannot be examined, inquired or looked into by any person, government official, bureau, or office? All deposits of whatever nature with banks or banking institutions in the Philippines including investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities. What is the exception to this prohibition? Upon written permission of the depositor. In impeachment cases, there is a different rule. What is it? Upon order of a competent court in cases of bribery or dereliction of duty of public officials. or in cases where the money deposited or invested is the subject matter of the litigation. What is the responsibility of any official or employee of a banking institution? To not disclose information concerning said deposits. Exception: Upon written permission of the depositor or upon court order in cases of impeachment.

What are the requirements for foreign curency cover? Except as the Monetary Board may otherwise prescribe or allow, the depository banks shall maintain at all times a one hundred percent foreign currency cover for their liabilities, of which cover at least fifteen percent shall be in the form of foreign currency deposit with the Central Bank, and the balance in the form of foreign currency loans or securities, which loans or securities shall be of short term maturities and readily marketable. Such foreign currency loans may include loans to domestic enterprises which are export-oriented or registered with the Board of Investments, subject to the limitations to be prescribed by the Monetary Board on such loans. Except as the Monetary Board may otherwise prescribe or allow, the foreign currency cover shall be in the same currency as that of the corresponding foreign currency deposit liability. The Central Bank may pay interest on the foreign currency deposit, and if requested shall exchange the foreign currency notes and coins into foreign currency instruments drawn on its depository banks. (As amended by PD No. 1453, June 11, 1978.) Who are excepted from the 15% deposit requirement? Depository banks which, on account of networth, resources, past performance, or other pertinent criteria, have been qualified by the Monetary Board to function under an expanded foreign currency deposit system. Can the said depositary banks extend foreign currency loans to any domestic enterprise? Yes. But subject to prior Central Bank approval when required by Central Bank regulations. It is without the limitations prescribed in the preceding paragraph regarding maturity and marketability, and such loans shall be eligible for purposes of the 100% foreign currency cover. May the depositor withdraw or transfer his deposit abroad? Yes. There shall be no restriction. Exception: Those arising from the contract between the depositor and the bank.

FOREIGN CURRENCY DEPOSIT ACT (RA 6426) Approved on April 4, 1974 Who may be authorized to deposit foreign currency? Any person, natural or juridical, may deposit with such Philippine banks in good standing. What foreign currencies are acceptable? Foreign currencies which are acceptable as part of the international reserve, except those which are required by the Central Bank to be surrendered. What are the authority of banks designated by Central Bank? (1) To accept deposits and to accept foreign currencies in trust Provided, That numbered accounts for recording and servicing of said deposits shall be allowed; (2) To issue certificates to evidence such deposits; (3) To discount said certificates; (4) To accept said deposits as collateral for loans subject to such rules and regulations as may be promulgated by the Central Bank from time to time; and (5) To pay interest in foreign currency on such deposits.


Are foreign currency deposits subject to tax? No. Including interest and all other income or earnings of such deposits are hereby exempted from any and all taxes whatsoever irrespective of whether or not these deposits are made by residents or nonresidents so long as the deposits are eligible or allowed and, in the case of nonresidents, irrespective of whether or not they are engaged in trade or business in the Philippines. Do foreign currency deposits enjoy confidentiality? Yes. They are declared as and considered of an absolutely confidential nature and, except upon the written permission of the depositor, in no instance shall foreign currency deposits be examined, inquired or looked into by any person, government official, bureau or office whether judicial or administrative or legislative, or any other entity whether public or private. May foreign currency deposits be subject to attachment or garnishment? No. They shall be exempt from attachment, garnishment, or any other order or process of any court, legislative body, government agency or any administrative body whatsoever. Are foreign currency deposits insured?

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Yes. They shall be insured under Philippine Deposit Insurance Corporation (PDIC). Isurance payment shall be in the same currency in which the insured deposits are denominated.

authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. Suppose a higher penalty is imposed by another law on one of abovementioned acts? The higher penalty shall be imposed.

OBSTRUCTION OF JUSTICE (PD 1829) Effective on January 16, 1981 How is obsruction of justice committed? Knowingly or willfully obstructing, impeding, frustrating or delaying the apprehension of suspects and the investigation and prosecution of criminal cases. What are the specific acts in under obstruction of justice? (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases; (g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating


Suppose the violator is a public official or employee? He shall in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office.

PLUNDER (RA 7080) Approved on July 12, 1991 Who can be guilty of Plunder? 1) Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts in the aggregate amount or total value of at least P50 million. 2) Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. What is Ill-gotten wealth? Any asset, property, business enterprise or material possession of any person, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of specific or similar criminal means or schemes. How is ill-gotten wealth acquired? 1) Misappropriation, conversion, misuse, or malversation : Public funds or raids on the public treasury 2) Receive (directly or indirectly) in connection with any government contract or project or by reason of the office or position : Commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity 3) Illegal or fraudulent conveyance or disposition : Assets of the Government or any of its subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries 4) Obtaining, receiving or accepting (directly or indirectly) in any business enterprise or undertaking : Shares of stock, equity or any other form of interest or participation including promise of future employment 5) Establishing the ff. to benefit particular persons or special interests : Agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders 6) Taking undue advantage of the ff. to unjustly enrich himself at the expense and to the damage and prejudice of the country and its citizens : Official position, authority, relationship, connection or influence

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What must be the total value or aggregate amount of ill-gotten wealth? At least P50 Million. What is the penalty? Reclusion perpetua to death. How is the penalty determined? In the imposition of penalties, the degree of participation and the attendance of mitigating circumstances shall be considered by the court. What shall happen to the ill-gotten wealth? Any or all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof shall be forfeited in favor of the State. Who is a Public Officer? Any person holding any public office in the Philippine Government by virtue of an appointment, election or contract. What is the scope of the Government? It includes the National Government, and any of its subdivisions, agencies or instrumentalities, including GOCCs and their subsidiaries. What is a Person? It includes any natural or juridical person, unless the context indicates otherwise. Which court has competent jurisdiction over plunder cases? The Sandiganbayan in its original jurisdiction, until otherwise provided by law. How is the crime of plunder established by means of evidence? It shall not be necessary to prove each and every criminal act done by the accused. It is sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. Will the public officer accused of plunder be suspended from office? Yes. Any public officer against whom any criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office. What happens if he is convicted by final judgment? He shall lose all retirement or gratuity benefits under any law. If acquitted? He shall be entitled to reinstatement and to the salaries and other benefits which he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed against him.


Is plunder prescriptible? Yes. It shall prescribe in 20 years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches, or estoppel.

Special Penal Laws Reviewer

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