CRIM PRE-FINAL SPECIAL CARDS Flashcards
Legal Basis & Proper Wording where 2 or more offense can arise from the same act
Pp v. Doriquez
The SC held that two or more OFFENSES arising from the SAME ACT are NOT THE SAME [if] one provision of law REQUIRES PROOF OF AN ADDITIONAL ELEMENT OR FACT WHICH THE OTHER DOES NOT
LB of offenses under different laws (RPC & SPL) yet they are considered “same offense”
Pp v. RELOVA
[A] the offenses under both laws may be regarded as a “SAME OFFENSE’”” where the 2nd offense necessarily includes the first offense [or] where the 2nd offense is an ATTEMPT TO commit the first [or] a FRUSTRATION THEREOF
[B]
Prosecution using one law WILL BAR a prosecution with the other for a single offense
when will an ACCESSORY in a crime be liable as a PRINCIPLE IN ANOTHER CRIME?
As a general rule, persons are liable as accessories
(Article 19 of the RPC when they:
- have knowledge of the commission of the crime;
- Did not participate in its commission;
- take part in the following manner:
a. By profiting or assisting the offender to profit from the crime
b. Concealing or destroying the
body of the crime
c. By Harboring, Concealing, or Assisting the escape of the PRINCIPAL of the crime
HOWEVER, the same accessory punished in the RPC is a PRINCIPAL in SPLs because crimes under SPLs or crimes mala prohibita, the offenders generally are penalized as principals unless otherwise provided
FOR EXAMPLE,
- those who assist the PRINCIPAL to escape may be prosecuted under PD 1829 on obstruction of justice NOT as accessory BUT AS A PRINCIPAL, provided that a separate information shall be prepared for the crime of obstruction
Pedro, a jeweler, accumulates cash from selling stolen jewelry. To hide its illegal origin, he deposits it into various bank accounts. The bank, under BSP’s regulation, fails to report the suspicious transactions to AMLC.
What are the crimes committed
Insofar as Pedro is concerned, he is liable under [RA 9160, sec 4c] for violating AMLA for concealing and disguising the proceeds of the unlawful activity he has committed
Insofar as BSP is concerned, it is liable for violating the last paragraph of sec 4 of AMLA for Knowing that a covered [or] suspicious transaction is required to be reported, failed to report to the AMLA council.
how is Anti-Plunder Sec 1(d)(b) different from Anti-Graft & Corruption of Sec 3(b)?
[7080 (1db)]
by in/directly RECEIVING any [cgspkp] commission, gift, share, percentage, kickback, or pecuniary benefit from any person and/or entity IN CONNECTION W/
- any gov’t contract
- gov’t project
- by reason of office/position of the PO
⚠️⚠️⚠️⚠️
[3019 (3b)]
in/directly REQUESTING or RECEIVING [gpspb] any gift, present, share, percentage benefit,
[b2]
- 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
7080
- received [cgspkp]
- from person or entity
-
- icw gov’t contract
- [bc] of PO’s office/position
⚠️⚠️⚠️
3019
- requested [or] recieved [gpspb]
-
- for himself/another
- icw a contract BETWEEN the gov’t any other party
- PO has capacity to intervene
define child in 7610
below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from [dance] abuse, neglect, cruelty, exploitation [or]
discrimination because of a physical or mental disability or condition
define child in 9775
same as 7610
- a PERSON, regardless of age depicted or portrayed as a child
- a COMPUTER-GENERATED, digitally, or manually crafter images of graphics of a person who is represented or is made to appear to be a child
define child in 9262
same as 7610
however in this act, includes not only biological children, but also children under her care
what are the remedies of a victim of VAWC?
APPLY for a protection order whether BPO, TPO, PPO filed in the RTC, MTC, MeTC, MTCC, or family court with the court that has territorial jurisdiction over the place of petitioner
a protection order is for the purpose of preventing further acts of VAWC specified in sec 5
What are the elements of the crime of violence against women through HARASSMENT?
- the offender had or has sexual [or] dating relationship with the woman
- the offender, by himself or through another, commits an act or series of acts of harassment against the woman, and
- harassment alarms or causes substantial emotional or psychological distress to her
A and B are married. B & C conspired to sexually abuse A.
can C be charged for VAWC?
Yes, the general rule is that the offender must be related or connected with the victim by marriage, former marriage, or sexual or dating relationship, but it does not preclude the application of the principle of CONSPIRACY under the RPC
RA 9262 Sec 47 on Suppletory Application
in 7610, when can we prosecute 10-e(2) and 12-d(3)?
12-d(3) [worst form of child labor]
(3) “The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or”
10e(2) [other acts of child abuse]
(2) “Act as conduit or middlemen in drug trafficking or pushing; or”
fiscal
10e(2)
- one-time act
12-d(3)
in the context of child labor where it is in a CONSTANT BASIS
insofar as 7610, 12-d on the worst form of child labor
“All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict;”
QUESTION: since this has **exploitative purpose, shouldn’t it be prosecuted under 9208 instead of 7610?
It may be prosecuted either under 7610 or 9208 but not both
prosecuting it under 9208 brings with it a greater penalty.
We cannot prosecute for both by virtue of the fact that 7610 12-D is necessarily included in the crime of 9208 (Pp. v. Relova)
In order to prosecute for 9208, it requires
1. act
2. means, and
3. exploitative purposes
John regularly supplies drugs to the locals. Aware of the legal consequences, he enlists the help of a child named Mark to sell the drugs for him. Mark, naive and eager to please, unwittingly becomes John’s accomplice in distributing the illegal substances to other residents
[a] what are the crimes?
[b] if mark acted with discernment and is between the age of 15-18, what is his crime?
[a]
John is liable for RA 7610 sec 10-e(2)on other forms of abuse and RA 9165 or the Dangerous Drug Act sec. 5 (sale), 11 (possession)
[b]
,
Juan organizes and directs A B and C to commit trafficking. What is his crime?
Pedro directs Z and manages their trafficked person Juana by making sure she’s well fed, dressed, and groomed for the purpose of prostituting for a high-end client, what is Pedro & Z’s crime?
[A]
Sec 4(L)
“To organize or DIRECT other persons to commit the offenses defined as acts of trafficking under this Act.”
[B]
Sec 6(I)
“When the offender directs or through another MANAGES the trafficking victim in carrying out the exploitative purpose of trafficking.”
note
sec 4L is not an act promoting trafficking but is an act of trafficking in persons
