APR 23 - LECTURE

Question 1

anti-hijacking

Answer 1

6235

Question 2

what are the four situations governed by this law?

Answer 2

1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight
2. It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory.
3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger
   aircraft operating as a public utility within the Philippines, and explosive * , flammable * , corrosive
   * or poisonous * substance or material
4. The shipping, loading or carrying of any substance or material mentioned in the preceding section in any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations issued by the Civil Aeronautics Administration.

Question 3

What are the circumstances considered aggravating under this law?

Answer 3

1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

Question 4

When is an aircraft is in flight?

Answer 4

An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation.

Question 5

in the aggravating of rape, homicide, or serious physical injuries, when will it be ABSORBED and when is charged with a separate law (separate offense)

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Answer 5

my answer

Rape is charged as a separate offense

Insofar as homicide, murder, serious physical injuries are concerned, if it was in the occasion or by reason of the

Question 6

Anti-Graft and Corrupt Practices ACt

Answer 6

3019

Question 7

What are the acts punishable (s3)

Answer 7

[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

[B]
Allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

Question 8

Is it necessary that the person being influenced **actually* violated in order for the offender to be liable for the inducement and persuasion?

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Question 9

On part of the public officer persuaded, is the mere fact that they were

Question 10

What is the similarities and differences of 3a and 3b

Answer 10

3b
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 party, wherein the public officer in his official capacity has to intervene under the law.

Question 11

Three (3) distinct acts that are penalized in 3b

Answer 11

1. Demanding or requesting;
2. Receiving; or
3. Demanding, requesting and receiving

Question 12

can you charge RA 3019 3(b) (c) and bribery under the RPC at the same time?

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Answer 12

Yes,

There is an additional element that is not present in the other

so what 3019 (b)(c) different from Bribery is that there is

Question 13

3e, the most violated section of 3019

Answer 13

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

Question 14

When is injury considered “undue injury”?

Answer 14

recit
1. when it is excessive

Question 15

3g

“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.”

how is that different from 3e?

Question 16

Money Laundering

Answer 16

money laundering 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

Question 17

Who are the persons covered by 9160?

Answer 17

1.) NATURAL PERSONS

2.) JURIDICAL PERSONS

 a.) Supervised or regulated by the Bangko Sentral ng Pilipinas

 b.) Supervised or regulated by the Insurance Commission

 c.) Supervised or regulated by Securities and Exchange Commission

 d.) Casinos, including internet and ship-based casinos, with respect to their casino cash transaction related to they gaming operation

Question 18

Who are exempted

Question 19

Why are they exempted

Question 20

Any situation where the accountant or lawyer could be held liable for anti-money laundering

Question 21

what are the covered transactions?

Answer 21

overed’ transactions are transactions in cash or its equivalent in a monetary instrument
involving a total amount in excess of 500,000 Philippine pesos within one banking day. - Sec. 3
(b)
Sec. 2 of R.A. 10927 amended the above mentioned provision to read as follows:
“(b) ‘Covered transaction’ is a transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five hundred thousand pesos
(₱500,000.00) within one (1) banking day; for covered persons under Section 3(a)(8),
a single casino transaction involving an amount in excess of Five million pesos
(₱5,000,000.00) or its equivalent in any other currency.
In excess of One Million Pesos (₱1,000,000.00) for jewelry dealers in precious metal.(par.
4, Sec. 3a)
In excess of One Million Pesos (₱1,000,000.00) for jewelry dealers in precious
stones.(par. 5, Sec. 3a)

Question 22

What are suspicious transactions?

Answer 22

Transaction with Covered Institution, regardless of amount involved, where any of the enumerated suspicious circumstances exist – Sec. 3(b-1)

a. There is no underlying legal or trade obligation, purpose, or economic justification

b. The client is not properly identified

c. Amount involved is not commensurate to the business or financial capacity of the client

d. Clients transaction is structured in order to avoid the subject of reporting requirements

e. Any circumstance which is observed to deviate from the profile of the client and/or his past transaction with the covered institution

f. Transaction is related to an unlawful activity or offense

g. Any transaction similar or analogous to the foregoing

Question 23

What is the effect of the Bank Deposit Secrecy Law on the implementation of AMLA?

Question 24

OBSTRUCTION OF JUSTICE

Answer 24

PD 1829

Question 25

First act punished in Obstruction of Justice

Question 26

Sec 1. (a) PD 1829

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Grave Coercion

Question 27

Sec 1. (a) PD 1829

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Grave Threats

Question 28

Can you charge Obstruction of Justice and Grave Threats/Coercion at the same time?

Answer 28

Yes, as long as the elements are different, then they are chargeable separately

Question 29

Sec 1. (a) PD 1829

|v|

Direct Bribery

Question 30

Sec 1. (b) PD 1829

|v|

Art. 171 (Falsification by a Public Officer, Employee, or Notary or Ecclesiastical Minister)

Question 31

Sec 1. (b) PD 1829

|v|

Art. 172 (Falsification by private individuals and use of falsified documents)

Question 32

Sec 1. (b) PD 1829

|v|

Art. 226 (Removal Concealment or Destruction of Documents)

Question 33

Sec 1. (d) PD 1829

|v|

Art. 178 (Using Fictitious Name)

Question 34

Comprehensive Firearms & Ammunitiion Regulation Act

Answer 34

RA 10591

Question 35

Defined Firearm

Question 36

What are Light Weapons

Question 37

What is Loose Firearm

Question 38

What are the elements of illegal possession of firearm?

Answer 38

“The essential elements in the prosecution for the crime of
illegal possession of firearms and ammunitions are: (1) the
existence of subject firearm; and, (2) the fact that the
accused who possessed or owned the same does not have
the corresponding license for it.11 The unvarying rule is that
ownership is not an essential element of illegal possession
of firearms and ammunition.12 What the law requires is
merely possession, which includes not only actual physical
possession, but also constructive possession or the
subjection of the thing to one’s control and managemen

Question 39

Is intent essential for one to be liable

Question 40

s there a need to secure
a separate license to possess ammunition?

Question 41

when a firearm is used in the commission of an offense, will that be considered aggravating, qualifying?

Question 42

what happens to the licensed firearm the moment it is used in the comission of a crime?

Question 43

what kind of fire arm can a type 1 possess?

Question 44

who are exempted from threat assessment by the PNP?

Answer 44

a) Members of the Philippine Bar

b) Certified Public Accountants

c) Accredited media practitioners from recognized institutions

d) Cashiers and bank tellers

e) Priest, Ministers, Rabbi, Imams

f) Physicians and nurses
g) Businessmen, who, by the nature of their business or undertaking duly recognized by law, are exposed to high risk of being targets of criminal element

Question 45

Anti-Plunder Act

Answer 45

7080

Question 46

What is plunder

Answer 46

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.

Question 47

Elements

Answer 47

1. That the offender is a public officer
2. who acts by himself or in connivance with members of his family, relatives by affinity or
   consanguinity, business associates, subordinates or other persons
3. . That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or
   acquired is at least P50,000,000.00
4. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series
   of the following overt or criminal acts enumerated under Section 1(d).

Question 48

What are the means or schemes to acquire ill-gotten wealth?

Answer 48

Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;

By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned;

By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries;

By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking;

By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or

By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.

Question 49

Rule of Evidence of Plunder

Question 50

Explain the case of Estrada

Question 51

How should “pattern” be understood?

Question 52

what is the mens rea in plunder that the prosecution must prove?

Answer 52

For someone to have the mens rea to engage in the commission of the serious crime of plunder:

• He must “willfully, unlawfully and criminally” amassed ill-gotten wealth; or
• He must “willfully, unlawfully or criminally” joined with the rest of the accused to amass ill-gotten wealth (Serapio vs. Sandiganbayan GR No. 148468, January 28, 2003; Sandoval-
  Gutierrez, J., dissenting opinion)

Question 53

Is it required that the public officer be an accountable officer

Question 54

Will a private individual be held liable for plunder?