APR 23 - LECTURE Flashcards
anti-hijacking
6235
what are the four situations governed by this law?
- 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
- 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.
- 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 - 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.
What are the circumstances considered aggravating under this law?
- Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
- Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or
- Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
When is an aircraft is in flight?
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.
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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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
Anti-Graft and Corrupt Practices ACt
3019
What are the acts punishable (s3)
[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.
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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On part of the public officer persuaded, is the mere fact that they were
What is the similarities and differences of 3a and 3b
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.
Three (3) distinct acts that are penalized in 3b
- Demanding or requesting;
- Receiving; or
- Demanding, requesting and receiving
can you charge RA 3019 3(b) (c) and bribery under the RPC at the same time?
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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
3e, the most violated section of 3019
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
When is injury considered “undue injury”?
recit
1. when it is excessive
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?
Money Laundering
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
Who are the persons covered by 9160?
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
Who are exempted
Why are they exempted
Any situation where the accountant or lawyer could be held liable for anti-money laundering
what are the covered transactions?
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)
What are suspicious transactions?
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
What is the effect of the Bank Deposit Secrecy Law on the implementation of AMLA?
OBSTRUCTION OF JUSTICE
PD 1829
First act punished in Obstruction of Justice
Sec 1. (a) PD 1829
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Grave Coercion
Sec 1. (a) PD 1829
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Grave Threats
Can you charge Obstruction of Justice and Grave Threats/Coercion at the same time?
Yes, as long as the elements are different, then they are chargeable separately
Sec 1. (a) PD 1829
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Direct Bribery
Sec 1. (b) PD 1829
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Art. 171 (Falsification by a Public Officer, Employee, or Notary or Ecclesiastical Minister)
Sec 1. (b) PD 1829
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Art. 172 (Falsification by private individuals and use of falsified documents)
Sec 1. (b) PD 1829
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Art. 226 (Removal Concealment or Destruction of Documents)
Sec 1. (d) PD 1829
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Art. 178 (Using Fictitious Name)
Comprehensive Firearms & Ammunitiion Regulation Act
RA 10591
Defined Firearm
What are Light Weapons
What is Loose Firearm
What are the elements of illegal possession of firearm?
“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
Is intent essential for one to be liable
s there a need to secure
a separate license to possess ammunition?
when a firearm is used in the commission of an offense, will that be considered aggravating, qualifying?
what happens to the licensed firearm the moment it is used in the comission of a crime?
what kind of fire arm can a type 1 possess?
who are exempted from threat assessment by the PNP?
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
Anti-Plunder Act
7080
What is plunder
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.
Elements
- That the offender is a public officer
- who acts by himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons - . That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or
acquired is at least P50,000,000.00 - 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).
What are the means or schemes to acquire ill-gotten wealth?
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.
Rule of Evidence of Plunder
Explain the case of Estrada
How should “pattern” be understood?
what is the mens rea in plunder that the prosecution must prove?
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)
Is it required that the public officer be an accountable officer
Will a private individual be held liable for plunder?
