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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Missing P1000 from Jack Lam's Bribery Still Remains A Mystery

President Duterte is very vocal about putting an end to graft and corruption. Stringent policies have been rolled out to ensure that government agencies do not cross the line. However, it appears that the case of the missing P1000 bill only proves that justice can be selective at times. Why is everyone making a fuss over the missing P1000? 

Section 12 of Republic Act No. 7659 defines plunder as "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 as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. 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. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and 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 forfeited in favor of the State."

If you could still remember, Jack Lam, a Chinese tycoon offered bribe money with the amount of P50 million. However, a recent investigation revealed that the money was P1000 short. With the funds having a total of P49,999,000, the case of plunder filed against Jack Lam will not prosper. Two former commissioners from the Bureau of Immigration, who happened to be the fraternity brothers of Justice Secretary Vitaliano Aguirre II and President Rodrigo Duterte may have skirted the P1000 bill to manipulate the consistency of evidence. 

The issue was brought up during the Senate deliberations on the proposed P17.43 billion budget of the Department of Justice. Senate Minority Leader Franklin Drilon wanted to know the status of the P50 million bribe money and also the status of the two former commissioners, Al Argosino and Michael Robles. 

Although the two were already sacked, the missing P1000 stirred controversy considering the fact that Aguirre denies participation in the counting of bribe money. He even claimed that there was a CCTV when the counting happened. Some members of the committee thought at first that the missing bill was a joke. Due to losing the P1000, the plunder case will likely be reduced to charges with lower penalties. 

Criminal Actions Against A Person Who Posts Nude Photos Of Ex-Girlfriend

Some people use technology to make lives easier and more convenient while others choose to abuse it. As social networking sites remain popular to all ages, they are also used for blackmailing victims. One of which is posting nude photos of a hapless victim and the perpetrator will only take it down if the victim will give in to their demands. Some victims will choose to nod along with whatever they are told to do for fear of humiliation. However, there are cases that you can file under Republic Act 9262. 

Anti-Violence Against Women and Their Children Act of 2004

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

(a) Causing physical harm to the woman or her child;

(b) Threatening to cause the woman or her child physical harm; 

(c) Attempting to cause the woman or her child physical harm;

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right; and 

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own money or properties, or solely controlling the conjugal or common money, or properties.

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

(5) Engaging in any form of harassment or violence.

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.

What Are The Crimes Against Persons In Authority And Their Agents

Recent news involving persons in authority or public officers clouded people's mind with doubts, questioning the credibility of individuals who are supposed to maintain peace and order. However, perpetrators resisting arrest and disobeying authorities are as prevalent as public officers employing force. The Revised Penal Code gives details on crimes against persons in authority. 

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE

TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults. — Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed.

Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.

Art. 150. Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. — The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official.

Art. 151. Resistance and disobedience to a person in authority or the agents of such person. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.

Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as such. — In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985). 

New Law Prohibits A Two-Wheeled Motorcycle From Taking Small Children For A Ride

Children being taken for a ride on a motorcycle can be witnessed on public roads. Some are wearing a protective gear such as a helmet but others simply wrap their arms around the driver's waist. On May 19, small children are prohibited from riding motorcycles. This rule is in accordance with the Republic Act No. 10666 or the Children's Safety on Motorcycles Act of 2015. 

If you are driving a two-wheeled motorcycle, you are no longer allowed to take your children along public roads. This is because drivers will be exposing small children to danger with the sight of fast-moving vehicles and traffic. However, exemptions still apply. The law does not apply to cases of transporting a child to obtain immediate medical attention.  

SEC. 4. Prohibition. – It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads where there is heavy volume of vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless:

(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;

(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the “Motorcycle Helmet Act of 2009.”

SEC. 5. Exception. – Notwithstanding the prohibition provided in the preceding section, this Act shall not apply to cases where the child to be transported requires immediate medical attention.

SEC. 6. Penalties. – Any person who operates a motorcycle in violation of Section 4 of this Act shall be fined with an amount of three thousand pesos (P3,000.00) for the first offense; five thousand pesos (P5,000.00) for the second offense; and ten thousand pesos (P10,000.00) for the third and succeeding offenses.

Moreover, for the third offense, the driver’s license of the offender shall be suspended for a period of one (1) month.

Violation of these provisions beyond the third time shall result to automatic revocation of the offender’s driver’s license.

SEC. 7. Review of Penalties. – The Land Transportation Office (LTO) is hereby empowered to increase or adjust the amounts of fines herein imposed: Provided, That:

(a) The increase or adjustment is made after public consultation once every three (3) years from the effectivity of this Act and in the amount not exceeding twenty percent (20%) of the amounts sought to be increased or adjusted;

(b) A thorough study has been conducted indicating that the existing amounts are no longer an effective deterrent;

(c) Current relevant economic indices, such as the Consumer Price Index (CPI), have been considered in the determination of the increase or adjustment; and

(d) The increases or adjustment shall only become effective fifteen (15) days after its publication in two (2) newspapers of general circulation.

SEC. 8. Qualifying Circumstances. – If, in violation of the provisions of this Act, death shall have resulted or serious or less serious injuries shall have been inflicted upon the child or any other person, a penalty of one (1) year imprisonment shall be imposed upon the motorcycle rider or operator of the motorcycle involved without prejudice to the penalties provided under Act No. 3815, otherwise known as “The Revised Penal Code of the Philippines”, as amended.

Disturbance Of Public Order

Have you ever been into an embarrassing situation where someone has challenged you to a fight in a public place? This is considered as serious disturbance of public order. Another instance in this crime is committed is when someone fires a gun within a public building's premise. However, when somebody was hurt, the person is liable for the crime of reckless imprudence resulting to physical injuries.

Chapter Five

PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed.

Art. 154. Unlawful use of means of publication and unlawful utterances. — The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:

1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;

2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.

Fake Lawyer Lands In Jail

Last week, bar exam results filled the news and social media. Many celebrated for the hardwork has finally paid off. Indeed, the preparation for the bar exam starts on day one in law school. 

Being keen on Philippine law is a must as you will be required to familiarize yourself with Civil law, Criminal Law, Labor law, etc. While you need to undergo a tedious process to become a lawyer, there are people who prefer to take a shortcut. 

Some of you might be scratching your head, wondering if there really is a shorter route to becoming a lawyer. Well, there is, but it can land you in jail just like what happened to Noel Maracuelo, who is a ship captain by profession. 

Maracuelo was arrested for introducing himself as a lawyer to Kirby Magdadaro. The latter was tricked into believing that Maracuelo was indeed a law practitioner. Magdadaro has a pending real estate case in Liloan Municipal Circuit Trial Court. Unfortunately, the case was dismissed and when Magdadaro sought for legal opinion from another lawyer, it was discovered that the pleadings were marred by errors. 

NBI investigation was conducted as Magdadaro already paid an amount of P30,000. Investigators found out that Maracuelo was not listed in the roll of attorneys. It was also discovered that the attorney's identification number was owned by another lawyer. Marcuelo was arrested during an entrapment operation. 

Maracuelo is criminally liable for violating the Revised Penal Code including falsification of document and estafa. 

The Unwelcome Visit Of A Trespasser

Everyone dreams of living in an abode where peace and privacy is maintained. However, there are individuals with gumption who  disturb peace and privacy by entering the dwelling without the owner's permission. An unwelcome visit refers to trespassing. Section 2, Article 280 of the Revised Penal Code defines trespassing as:

Art. 280. Qualified trespass to dwelling. — Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.

If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos.

The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.

Art. 281. Other forms of trespass. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.

Carnapped Vehicle: Steps To Take When Your Car Is Stolen

These days, a car is more of a need than a want as it conveniently takes you from point A to point B. What if someone takes away the convenience you enjoy for their own gain? It is indeed devastating and even disheartening to discover that your parked car is nowhere to be found. All the hardwork is wasted upon finding out that your vehicle has been carnapped. You may immediately panic, but it is important to have presence of mind so you can still hold on to essential details, which will help you track your stolen car. 

The details you need to obtain before contacting the authorities are the distinguishing features of your car, Vehicle Identification Number (VIN), car's make and model and the license plate number. 

There are instances when your car is parked in a different section. In this case, your car may not be stolen but towed. Before going on panic mode, make sure you verify this information. If your vehicle is being towed, you need to get the contact number of a traffic management or local towing office. 

If you have a car insurance, you should also let the insurance company know about the incident. If you have got a cover that protects your vehicle against theft, you will be able to get an insurance coverage for the vehicle's fair market value. You will need to present a copy of the police report and certificate of registration to your provider. 

Most vehicles are equipped with Global Positioning System (GPS) unit that enables car owner to determine where their car is. This car feature will also increase the odds that you are going to recover your car. 

Section 14 of Republic Act No. 6539 provides details on the penalty imposed upon individuals who violate the law:

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 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.

The Rights Of A Person Arrested, Detained Or Under Custodial Investigation

If an individual got himself into a situation that leads to his arrest, it is important for persons of authority such as the public officers, to educate the arrested person about his/her rights. The arrested person must be informed of the offense he/she committed. There are cases when public officers violate the law. For an individual who does not have any idea about his rights, unlawful arrest may seem normal. The Republic Act No. 7438 or an "Act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers, and providing penalties for violation thereof" provides a comprehensive explanation about the rights of an arrested person and the penalties for public officers who violate the law. 

Republic Act No. 7438

Sec. 2. Rights of Persons Arrested, Detained or under Custodial Investigation; Duties of Public Officers. - (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.  

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer. 

(c)  The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever. 

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding. 

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect. 

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiance or fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward. 

As used this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law. 

Sec. 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes. 

The assisting counsel other than the government lawyers shall be entitled to the following fees:  

(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies; 

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave of grave felonies; 

(c)  The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense. 

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal of City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees. 

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code. 

Sec. 4. Penalty Clause. - (a) Any arresting public officer of employee, or any investigating officer, who fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense. 

The same penalties shall be imposed upon a officer or employee or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel. 

(b) Any person who obstruct, persons or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately with him, of from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00). 

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape. 

What Are Offenses Against Decency And Good Custom?

A private act committed in public places is an offense against decency and good customs. For instance, making out is normal for couples, but when the act is committed in public places, it is considered as highly scandalous and offensive to good customs and morals hence, the individuals involved may be charged of the crime of grave scandal.  Other offenses against decency and good customs include:

Art. 200. Grave Scandal

A. Concept: It is a crime consisting of the performance or doing any act which is highly scandalous as to offend against decency and good custom.

1.  The act, either a physical observable activity or audible noise, both of which scandalizes those who see or hear them. As for instance the act of engaging in a torrid kissing, urinating or defecating or going around in scanty attire, or loud obscene sex noises 

2.  They must be done either:  (a) In a public place i.e where people usually go or congregate such as in parks, movie houses, bazaars, malls. In these places the presence of third persons is not required. (b) Within public knowledge or public view. This refers to private houses, rooms, grounds, veranda, but the noises made are so loud or the acts can be seen by third persons. The third person must not however be a Peeping Tom.   

B. The act must not be punished under any other provision of the Code as this is a crime of last resort or a catch-all crime. 

C. The scandalous acts affect public morals or sensitivity and have nothing to do with violations of public peace and tranquility. Thus two persons fighting or shouting at each other in a public place would constitute Alarm and Scandal. But when these same two persons engage in a strip tease contest in full view of people, the act would be Grave Scandal.

Art. 201 Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows.

A. Persons or acts  punished:

1.  Those who expound  or proclaim doctrines contrary to public morals

a). As for instance advocating polygamy or wife-swapping or killing off the mental/physical retardates to improve the Filipino race

b). What about advocating same-sex marriage? Or opening an exclusive ”nudist camp”? 

2. In reference to Obscene literature

a). The authors if they had knowledge of the publishing of their works. Thus writing an obscene literature is not per se punished but if the authors said works to be circulated to any third person, then they become liable. If the wok is stolen and circulated without their knowledge, they are not liable. 

b). The editors publishing such literature

c). The owners/operators of the establishment selling the same 

3.   In reference to obscene, indecent, or immoral plays, acts or shows:

a). The persons who exhibit them including the producers, actors, movie house/theater owners

b). These include plays, acts, shows which

(i)  glorify criminals or condone crimes

(ii)  serve no other purpose but to satisfy the market for violence, lust or pornography

(iii)  offend any race or religion

(iv)  tend to abet traffic in and sue of prohibited drugs

(v) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts 

4.  Persons who sell, give away, or exhibit films, prints, engravings, sculptures, or literature, which are offensive to morals. Hence mere possession of pornographic literature is not per se punished. It is the act of distributing to people or circulating the same which is punished. Letting one person borrow or read is not however distributing. 

Art. 202. Vagrants and Prostitutes

I.( Is this a crime against status?) There are four kinds of Vagrants:

1.(The Lazy one). A person with no apparent means of subsistence, but physically able to work, neglect to apply himself to some lawful calling

a). It is not being unemployed per se which is punished but the refusal to look for work

2. (The Tourist) Any person found loitering about public or semi public buildings or places, or tramping or wandering about the country or streets without visible means of support

3. (The bugao and maton) An idle or dissolute (immoral, lax, unrestrained) person who lodges in houses of ill fame, ruffians (barairongs in Ilokano) or one who habitually associates with prostitutes

a. Absence of visible means of support is not required hence wealthy people may be vagrants under this mode

4. ( The suspicious stranger) One found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable reason

a.The vagrant may have wealth

b.This is a preventive measure to prevent the commission of some other more serious offense

c.The estate is not fenced

Basic Discussion On Obstruction Of Justice

There are criminal cases that seem to take ages before a resolution can be made. For influential people who have criminal liability, delaying justice is like a walk in the park because wealth and power dictate how justice will be served. We have witnessed many cases where family members of a prominent political figure are not given the punishment they deserve because they know how to get away with law. However, people who are cradling criminals by delaying or frustrating apprehension and prosecution of offenders are violating Presidential Decree No. 1829 or Obstruction of Justice. 

Presidential Decree No. 1929

SECTION 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:

(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 fiscals’ 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, discontinuing, 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 a 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 authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or the court.

If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed.

SEC. 2. If any of the foregoing acts is committed by a public official or employee, he shall, in addition to the penalties provided thereunder, suffer perpetual disqualification from holding public office.

SEC. 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.

8 New Philippine Laws: Part 6 of 8 No More Texting While Driving

Texting while driving is a multi-tasking skill many people on the go have learned to acquire. However, a few seconds of distraction can cause road accident. Republic Act No. 10913 or the Act Defining and Penalizing Distracted Driving will put a lid on the injurious and sometimes deadly effects of vehicular accidents due to the unrestrained use of mobile devices. 

Sec. 5. Extent of Coverage

a) The operation of a mobile communications device is not considered to be distracted driving if done using the aid of a hands-free function or similar device such as, but not limited to, a speaker phone, earphones and microphones or other similar devices which allow a person to make and receive calls without having to hold the mobile communication device: Provided, that the place of the mobile communications device or the hands-free device does not interfere with the line of sight of the driver. 

b) Wheeled agricultural machineries such as tractors and construction equipment such as graders, rollers, backhoes, payloaders, cranes, bulldozers, mobile concrete mixers and the like and other forms of conveyances such as bicycles, pedicabs, "habal-habal", trolleys, "kuligligs", wagons carriages, carts, sledges, chariots or the like, whether animal or human-powered, are covered by the provisions of this Act as long as the same are operated or driven in public thoroughfares, highways, or streets or under circumstances where public safety is under consideration. 

c) The provisions of this Act shall not apply to motorists of motor vehicles which are not in motion, except those which are stopped momentarily at a red light, or are pulled over the side of the road in compliance with a traffic regulation.  

Sec. 6. Exemptions

The provisions of this Act shall not apply to the following:

a)A motorist using a mobile phone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services, agency or entity: and

b)A motorist using a mobile phone while operating an emergency vehicle such as an ambulance, a fire truck, and other vehicles providing emergency assistance, in the course and scope of his or her duties. 

Penalties

Those who are found guilty of violating any provision of this Act will be penalized a fine of five thousand pesos (P5,000.00)for the first offense; ten thousand pesos (P10,000.00) for the second offense; fifteen thousand pesos (P15,000.00) and suspension of driver's license for three (3) months for the third offense; and a fine of twenty thousand pesos (P20,000.00) and revocation of driver's license: Provided that the implementing agency may increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing rates sought to be increased which shall take effect only upon publication in at least two (2) newspapers of general circulation. 

8 New Philippine Laws: Part 5 of 8 Longer Prescriptive Period For Crimes Of Graft And Corruption

Corrupt practices are plaguing the country and it has been a political cancer waiting for a sure-fire antidote. Many people have been caught engaging in graft and corrupt practices, and preventive measures remained futile. There are still people who continue to exploit public funds by leaving a lavish lifestyle. The unexplained wealth convinces law enforcers that something is not right.

We have witnessed a great number of public figures who have been charged of graft and corruption for the past years.  Some ended up in jail while others continue to enjoy a luxurious lifestyle. Crime does pay, but if the evidence is weak, perpetrators will continue to roam the streets unscathed. At present, the violators of the Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act will face fifteen (15) years of imprisonment. 

A new law, which will be in conjunction of this act will aim to provide longer prescription period to those who are found violating the law. From 15 years, the prescription will be extended to 20 years. 

In case you are wondering what the Anti-Graft and Corrupt Practices Act covers, here is the summary:

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(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.

(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.

(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, without prejudice to Section thirteen of this Act.

(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.

(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.

(h) Director 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.

(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.

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.

(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.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.

Catcalling And Wolf-whistling Can Land You In Jail

A tepid cup of coffee and news just blend well. Whenever there's bad news, the kick I get from caffeine just calms my senses. I was browsing through some interesting online news on a typical Wednesday and one headline caught my eye "Senator files bill penalizing wolf-whistling and catcalling". People who are out on the streets are sometimes infested by fear and paranoia especially the female of the species and the members of the LGBTQ community. Catcalling and wolf-whistling have been a form of entertainment for bystanders. Women have been enveloped by fear because of catcallers on the streets. 

While there is an existing law against sexual harassment, Sen. Risa Hontiveros filed the Safe Streets and Public Spaces Act of 2017 to ensure women and LGBTQ community can walk the streets without feeling unsafe and violated. 

The penalties that will be imposed will depend on the seriousness of the violation.

This bill, if enacted into a law will be in conjunction with Republic Act 7877 or the Anti-Sexual Harassment Act of 1995.

SECTION 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education or  training-related sexual harassment is committed by 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, demands, requests or otherwise requires any sexual favor  from the other, regardless of whether the demand, request or  requirement for submission is accepted by the object of said Act.

      (a) In a work-related or employment environment, sexual  harassment is committed when:

                  (1) The sexual favor is made as a condition in the hiring or  in the employment, re-employment 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; or            

                  (3) The above acts would result in an intimidating, hostile,  or offensive environment for the employee.

       (b) In an education or training environment, sexual harassment is committed:      

                (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;    

                (3) 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           

                (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or  apprentice.

Any person who directs or induces another to commit any  act of sexual harassment as herein defined, or who cooperates  in the commission thereof by another without which it would  not have been committed, shall also be held liable under this  Act.

8 New Philippine Laws: Part 4 of 8 No Shortchanging Act

Whenever you go to a 'sari-sari' store or a business establishment and the owner or cashier is short of change, they will either give you a candy or tell you that they owe you a few cents. Most buyers do not bother to demand for the exact change. After all, the amount is less than a peso. Although this is a common and acceptable act to people running a business in the Philippines, enacting a bill into a law, which requires establishments to provide exact change will render this practice a violation. 

The law ensures that providing exact change to customers becomes a legal responsibility. Business owners should prepare peso coins to complete the buyer's change. Reasoning that you do not have a few cents to complete the change will no longer be an acceptable excuse. 

In fact, it is much better to provide excess change that give customers less than what you owe them. If you used to consider giving candies as an acceptable option for the lack of loose coins or bills, the law will prohibit this act. Customers are also encouraged to demand for exact change.

Republic Act No. 10909

Sec. 3. Definition of Terms. - For the purpose o this Act, the following terms shall mean:

a)Business establishment - any person, natural or juridical, whether single proprietorship, partnership or corporation, including a government-owned and -controlled corporation or a government entity exercising its proprietary functions, engaged in, or doing business in the Philippines, either in selling goods or providing services;

b) Change - the excess in the payment given by a consumer for goods and services purchased or received from a business establishment;

c) Consumer - a natural person who purchases goods or services in cash;

d) Goods - all types of tangible property that could be bought and sold, and the possession of which could be transferred in whole or in part, temporarily or permanently. 

e) Gross sales - the total invoice value of sales, before deducting for customer discount, allowances and returns;

f) Insufficient change - a change that is less than what is due the consumers;

g) Price - tag any device written, printed, affixed or attached to a good, or displayed in a consumer retail or service establishment for the purpose of indicating the retail price per unit or services;

h) Services - all types of commercial activities which enable the supply, access to, consumption or use of goods, intellectual property or other services; and 

i) Shortchange - the act of giving insufficient or no change to a consumer who purchased a product or service. 

Sec. 6. Penalties. - Any violation of this Act as determined by the DTI under Section 5 hereof shall be punished as follows: for the first offense, a violator shall be fined five hundred pesos (P500.00) or three percent (3%) of the gross sales of the business establishment on the day of the violation, whichever is higher; for the second offense, a violator shall be fined five thousand pesos (P5,000.00) or five percent (5%) of the gross sales whichever is higher; for the third offense, a violator shall be fined fifteen thousand pesos (P15,000.00) or seven percent (7%) of the gross sales of the business establishment on the day of the violation, whichever is higher, and the license to operate of the business establishment shall be suspended for three (3) months; and for the fourth offense, a violator shall be fined twenty-five thousand pesos (P25,000) or ten percent (10%) of the gross sales of the business establishment on the day of the violation, whichever is higher, and the license to operate of the business establishment shall be revoked. 

No Return, No Exchange Policy: Why It Should Be Prohibited

Most consumers often experience getting their request denied because of the No Return, No Exchange store policy. Do stores really have the right to implement this policy? Pursuant to the Implementing Rules and Regulations of R.A. 7394 or also known as the Consumer Act of the Philippines, consumers have the right to return defective goods or demand remedies in the event that the goods are defective. The presence of this policy is considered as deceptive because if a consumer does not know that the items are defective or imperfect, the sellers should honor complaints and provide warranties to consumers. While there is no specific period within which a buyer may return the purchased item, the rules applied depend on the nature of the purchased goods. 

There are even instances when the store only allows the item be exchanged once. This condition is prohibited because a customer can exchange the item as many times as these are defective as long as the customer opts for replacement. If the store violates the prohibition, the customer can file a complaint with the DTI. 

Consumer Product Quality and Safety

ARTICLE 5.             Declaration of Policy. — It shall be the duty of the State:

a)              to develop and provide safety and quality standards for consumer products, including performance or use-oriented standards, codes of practice and methods of tests;

b)              to assist the consumer in evaluating the quality, including safety, performance and comparative utility of consumer products;

c)              to protect the public against unreasonable risks of injury associated with consumer products;

d)              to undertake research on quality improvement of products and investigation into causes and prevention of product related deaths, illness and injuries;

e)              to assure the public of the consistency of standardized products.

ARTICLE 6.             Implementing Agencies. — The provisions of this Article and its implementing rules and regulations shall be enforced by:

a)              the Department of Health with respect to food, drugs, cosmetics, devices and substances;

b)              the Department of Agriculture with respect to products related to agriculture, and;

c)              the Department of Trade and Industry with respect to other consumer products not specified above.

ARTICLE 7.             Promulgation and Adoption of Consumer Product Standards. — The concerned department shall establish consumer product quality and safety standards which shall consist of one or more of the following:

a)              requirements as to performance, composition, contents, design, construction, finish, packaging of a consumer product;

b)              requirements as to kind, class, grade, dimensions, weights, material;

c)              requirements as to the methods of sampling, tests and codes used to check the quality of the product;

d)              requirements as to precautions in storage, transporting and packaging;

e)              requirements that a consumer product be marked with or accompanied by clear and adequate safety warnings or instructions, or requirements respecting the form of warnings or instructions.

For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject to review and approval of the concerned government agency or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

ARTICLE 8.             Publication of Consumer Product Standards. — The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month. It may likewise conduct an information campaign through other means deemed effective to ensure the proper guidance of consumers, businesses, industries and other sectors concerned.

ARTICLE 9.             Effectivity of Rules. — a) Each consumer product standard or safety rule shall specify the date such rule is to take effect, which shall not exceed ninety (90) days from the date promulgated unless the concerned department finds, for good cause shown, that a later effective date is in the public interest and publishes its reasons for such finding. After which, it shall no longer be legal to, or cause to, sell or distribute the consumer product not complying with the standards or rules.

b)              The department may, by regulation, prohibit a manufacturer from stockpiling consumer products so as to prevent such manufacturer from circumventing the purposes of this paragraph. The term “stockpiling” means manufacturing or importing a product between the date of promulgation of its consumer product safety rule and its effective date, at a rate which is significantly greater than the rate at which such product was produced or imported during a base period, as prescribed in the regulation under this paragraph, ending before the date of promulgation of consumer product safety rule.

Damage To Property: What Crime Do You Commit?

Perhaps you have that one neighbor you really cannot stand because of their behavior. Whether they create noise pollution or they are plain annoying, there are instances when enough is enough. You may have surely reached your boiling point when your neighbors have caused damage to your property. However, making your neighbor pay for the damages is easier said than done. How can a person be held liable for the crime? What law does he or she violate?

MALICIOUS MISCHIEF

Art. 327. Who are liable for malicious mischief. — Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.

Art. 328. Special cases of malicious mischief. — Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.

Art. 329. Other mischiefs. — The mischiefs not included in the next preceding article shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.

Art. 330. Damage and obstruction to means of communication. — The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who shall damage any railway, telegraph or telephone lines.

If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.

For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system.

Art. 331. Destroying or damaging statues, public monuments or paintings. — Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.

Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court.

Alarms And Scandals: How Do You Commit Such A Crime?

I was skimming through a series of bar exam question samples and one question that caught my eye was about alarms and scandals. The question was: Supposed a woman rented a condo unit equipped with indoor swimming pool. One evening, the woman decided to take a swim naked. Although the pool is situated in a private location, people who are renting other units can still get a good view of the woman swimming in her birthday suit. Some people were feasting their eyes and others were taking pictures. Others took offense to the view of the naked woman. Is skinny dipping violating the law on alarms and scandals? For us to know whether or not the woman has violated the law, we need to take a look at the situations in which the crime of alarms and scandals is committed. 

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.

Alarms and scandals are crimes of disturbance. It has to do with bringing disturbance to public peace. Scandalous acts deemed offensive to good customs, morals and public policy are considered as crimes of disturbance. Note that the crime is committed if it is disturbing the peace in public nature. Now going back to the question, is the woman guilty of committing the crime of disturbance?

In the case of going skinny dipping, while the act may seem to be insensitive, it does not necessarily mean it is illegal. While the act caught other people's attention, the pool is situated in a private location. The act was not for everyone's viewing pleasure. Although there were people checking out the woman going skinny dipping, the woman had no intention to cause disturbance. The woman was merely enjoying the water and not to entice other people into ravishing her forms. 

How Does A Person Violate Anti-Fencing Law?

You may have already encountered a person offering you goods and because of an attractive offer, you agree to buying the item at a much cheaper price. However, the item you purchased was stolen and when you were confronted by the real owner of the item, your defense was that you had no idea it was stolen. In this case, are you going to be considered guilty of violating Anti-fencing law? 

Section 3. Penalties. Any person guilty of fencing shall be punished as here under 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 penalty provided 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.

(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 prision correccional 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 mayor in 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 value does not exceed 5 pesos.

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.

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.

Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, 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. The Chief of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. 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. 

Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 8. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.

RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.

Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and regulations are hereby promulgated to govern the issuance of clearances/permits to sell used secondhand articles obtained from an unlicensed dealer or supplier thereof:

I. Definition of Terms

1. "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.

2. "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.

3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying and selling used secondhand articles, as defined in paragraph hereof.

4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to third persons.

5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the territorial limits of the town or city district where the store, establishment or entity dealing in the buying and selling of used secondhand articles is located.

II. Duty to Procure Clearance or Permit

1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first securing a clearance or permit for the purpose from the proper Station Commander of the Integrated National Police.

2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group of individuals, the clearance or permit shall be obtained by or in the name of the president, manager or other responsible officer-in-charge thereof.

3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public, the said branch or subsidiary shall secure the required clearance or permit.

4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or equivalent document evidencing the legality of its acquisition could be presented by the present possessor or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or irregularly obtained, shall be presumed as having been acquired from an unlicensed dealer or supplier and the possessor or holder thereof must secure the required clearance or permit before the same can be sold or offered for sale to the public.

8 New Philippine Laws: Part 1 of 8 Stricter Anti-Carnapping Law

Carnapping is one of the crimes in the Philippines that the government is still trying to combat considering the fact that there are still many unsolved criminal cases that need extra attention. Law enforcers have now implemented stricter rules with the new anti-carnapping act 2016. Republic Act No. 10883 or the New Anti-Carnapping Act of 2016 aims to implement harsher rules and penalties. 

Approved by former president Benigno S. Aquino III on July 17, 2016, this law will be keen on identifying violators of the law. 

Setion 3. Carnapping; Penalties.- Carnapping is the taking, with the intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. 

Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping is committed without violence against or intimidation of persons, or force upon things; and by imprisonment for not less than (30) years and one (1) day but not more than forty (40) years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon things; and the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of teh carnapped motor vehicle is killed or raped in the commission of the carnapping.

Any person charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or syndicates or by means of violence or intimidation of any person or persons or forced upon things; or when the owner, driver, passenger or occupant of the carnapped vehicle is killed or raped in the course of carnapping shall be denied bail when the evidence of guilt is strong.  

Section 4. Concealment of Carnapping - Any person who conceals carnapping shall be punished with imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of the motor vehicle, motor vehicle engine, or any other part involved in the violation; Provided, that if the person violation any provision of this Act is a juridical person, the penalty herein provided shall be imposed on its president, 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 public official or employee who directly commits 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 acts shall, in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service, and his/her benefits forfeited and shall be permanently disqualified from holding public office. 



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