SPL Module 2 - (3/3) Flashcards

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1
Q

This deck covers

Anti-VAWC Act (done)
Juvenile Justice & Welfare Act
Anti-Hazing Law (done)
Anti-Torture Act

A
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2
Q

ANTI-HAZING LAW

A

RA 11053

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3
Q

What is hazing

A

[1]
refers to any act that results in PHYSICAL or PSYCHOLOGICAL suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of
- an initiation rite or
- practice made as a prerequisite for admission or
- a requirement for continuing membership in a fraternity, sorority, or organization

[2]
including, but not limited to paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is (ACTS) LIKELY TO ADVERSELY AFFECT THE PHSYICAL AND PSYCHOLOGICAL HEALTH of such recruit, neophyte, applicant, or member.

[3]
This shall also include ANY activity, intentionally made or otherwise, by one person alone or acting with others, that TENDS TO [SHAMED FE] humiliate, embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks

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4
Q

Elements of Hazing

A
  1. There is act that results in physical or psychological suffering, harm, or injury inflicted in a recruit, neophyte, applicant, or member.
  2. The **act was inflicted as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership **in a fraternity, sorority, or organization.
  3. The act includes but is not limited to the following: paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member.
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5
Q

What are the prohibited acts under the law?

A

ALL forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including (CMT) citizens’ military training and (CAT) citizens’ army training.

This prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not school-based, such as COMMUNITY-BASED and other similar fraternities, sororities, and organizations:

“In no case shall hazing be made a requirement for employment in any business or corporation.”

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6
Q

What are the exceptions?

A

[A]
Provided, That the physical, mental, and psychological TESTING & TRAINING PROCEDURE & PRACTICE to determine and enhance the physical, mental, and psychological fitness of prospective(potential) regular members of the AFP and the PNP as APPROVED by
- the Secretary of National Defense and the National Police Commission (SND & NPC)

DULY RECOMMENDED by
- the Chief of Staff of the AFP and
- the Director General of the PNP,

SHALL NOT BE CONSIDERED HAZING for purposes of this Act:

[B]
PROVIDED FURTHER

  • That the exception provided herein shall likewise apply to SIMILAR PROCEDURES & PRACTICES approved by the respective heads of other uniformed learning institutions as to their prospective members,
  • nor shall this provision apply to any customary athletic events or other similar contests or competitions
  • or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of a medical clearance or certificate.
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7
Q

Who are the Persons liable?

  1. those who actually planned or participated (w/ qualifying)
  2. all officers present
  3. all nonresidents, former officers, or alumni present
  4. the adviser (no need to be present)
  5. officer/member who induces victim
  6. members present even when intoxicated/under the influence
  7. ALL those PRESENT in the conduct of hazing (even not member)
  8. former officers, nonresident, and alumni in an act of hiding or concealing or hamper investigation (still principal)
  9. ANY PERSON [fite] any form of vexation for the purpose of recruitment.
  10. School if approving the initiation and hazing occured [or] no representative from school was present
  11. owner/lessee of the place where hazing is conducted (still principal)
  12. As ACCOMPLICE, school officials, brgy, municipal, and city officials + ADMINISTRATIVE LIABILITY for hazing occurring.
A
  1. Persons who actually PLANNED or participated in the hazing (RP & 2M) [if], as a consequence of the hazing, death, rape, sodomy, or mutilation results therefrom. (RP & 3M)
  2. All officers of the fraternity, sorority, or organization who are actually PRESENT during the hazing.
  3. The ADVISER of a fraternity, sorority, or organization. (no need to be present)
  4. ALL FORMER OFFICERS, NONRESIDENT MEMBERS, or ALUMNI of the fraternity, sorority, or organization who are also PRESENT during the hazing.
  5. Officers or members of a fraternity, sorority, or organization who knowingly cooperated in carrying out the hazing by INDUCING the victim to be present thereat.
  6. Members of the fraternity, sorority, or organization who are present during the hazing when they are intoxicated or under the influence of alcohol or illegal drugs.
  7. ALL PERSONS who are present in the conduct of the hazing. (member or NOT, liable as principal!)
  8. Former officers, nonresident members, alumni of the fraternity, sorority, or organization who, after the commission of any of the prohibited acts proscribed herein, will perform ANY act to hide, conceal, or otherwise hamper or obstruct any investigation that will be conducted thereafter.
  9. ANY PERSON who shall [fite]intimidate, threaten, force, or employ, or administer any form of vexation against another person for the PURPOSE of recruitment in joining or promoting a particular fraternity, sorority, or organization.
  10. On the SCHOOL if the fraternity, sorority, or organization filed a written application to conduct an initiation which was subsequently approved by the school and hazing occurred during the initiation rites [or] when no representatives from the school were present during the initiation.
  11. The OWNER or LESSEE of the place where hazing is conducted shall be liable as PRINCIPAL.
  12. The SCHOOL AUTHORITIES including faculty members as well as BRGY., MNCPL, or CITY OFFICIALS shall be liable as an ACCOMPLICE [and] likewise be held administratively accountable for hazing conducted by the fraternities, sororities, other organizations,
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8
Q

What is the prima facie evidence of vexation?

A

Persistent and repeated proposal or invitation made to a person who had refused (2) twice to participate or join the proposed fraternity, sorority, or organization

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9
Q

APRIL 9 - ONLINE LECTURE

A

APRIL 9 - ONLINE LECTURE

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10
Q

Anti-Hazing Law Legal Basis

A

RA 11053

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11
Q

sec 14 - persons liable

ex. heart ailment, and then he died and it wasn’t your intention (spl). are they entitled to a MITIGATING circumstance?

A

“Any person charged under this Act shall not be entitled to the MITIGATING CIRC that there was no intention to commit so grave a wrong.

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12
Q

PERSONS LIABLE - add to these cards in the notes

[A]
Persons who actually planned or participated in the hazing if, as a consequence of the
hazing, death, rape, sodomy, or mutilation results therefrom

WHAT IF, he planned but none of the circumstances result. Am I still liable?

A

YES. those circumstances are mere qualifying circumstance

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13
Q

[B] All officers of the fraternity, sorority, or organization who are actually present during the
hazing

mere presence makes one liable.

they shall be JOINTLY liable these officers

A
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14
Q

[C]

The adviser of a fraternity, sorority, or organization
liable only when:

  1. They are present when the acts constituting the hazing were committed and
  2. They failed to take action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities
A
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15
Q

What is the defense of persons in [C]

A

hey may still be exonerated if their failure to
prevent the hazing or to report the same was due to the fact that doing so would cause peril to their person or their family

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16
Q

[D] All former officers, nonresident members, or alumni of the fraternity, sorority, or
organization who are also present during the hazing.

A
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17
Q

[E]Officers or members of a fraternity, sorority, or organization who knowingly cooperated
in carrying out the hazing by inducing the victim to be present thereat

A
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18
Q

[F]

Members of the fraternity, sorority, or organization who are present during the hazing
when they are intoxicated or under the influence of alcohol or illegal drugs.

A

mere inducement of a person

19
Q

[G] All persons who are present in the conduct of the hazing.

Juan, who is NOT a member is liable?

A

it is PRIMA FACIE evdience as principal

defense: tried to stop, reporter, could not because of threat to his person or his family

20
Q

[G]
Former officers, nonresident member, alumni of the fraternity, sorority, or organization
who, after the commission of any of the prohibited acts proscribed herein, will perform
any act to hide, conceal, or otherwise hamper or obstruct any investigation that will be
conducted thereafter

not prosecuted in Obstruction of Justice under PD __ but under this RA 11053

  • NOT AS ACCESSORY but this is for PRINCIPALS
A
21
Q

[H]

Any person who shall intimidate, threaten, force, or employ, or administer any form of
vexation against another person for the purpose of recruitment in joining or promoting a
particular fraternity, sorority, or organization

A
22
Q

[I]

On the school if the fraternity, sorority, or organization filed a written application to
conduct an initiation which was subsequently approved by the school and hazing
occurred during the initiation rites or when no representatives from the school were
present during the initiation.

the school is fined 1mil and not as principal

A
23
Q

[J]

The owner or lessee of the place where hazing is conducted shall be liable as PRINCIPAL

A
24
Q

[L]

The school authorities including faculty members as well as barangay, municipal, or city officials shall be liable as an ACCOMPLICE and likewise be held administratively accountable for hazing conducted by the fraternities, sororities, other organizations

A
25
Q

anti-VAWC act

A

9262

26
Q

How should the provisions of this act be construed?

(not so important)

A

liberally construed to promote the protection & safety of victims of violence against woman and their children

27
Q

define what is V.A.W.C.

A

[a]
VAWC refers to any act (sing.) or series of act committed by ANY person (homo rel’t)

[b]
against a WOMAN who is his wife, former wife, a woman has/had sexual [or] dating relationship, or with whom he as a common child or against HER CHILD whether *il**/legitimate

[c]
w/in [w/o] the family abode which result in [or] likely to result in physical, sexual, psychological, or economic abuse

[d]
including:
- threats of such act
- battery
- assault
- coercion
- harassment or arbitrary deprivation of liberty

it includes but is not limited to the ff acts:

28
Q

What are the 4 acts of violence under sec.3 of RA 9262?

A
  1. physical violence
  2. sexual violence
  3. psychological violence
  4. economic abuse
29
Q

What are the acts punishable under sec.5 of RA 9262?

super general idea

A
  1. cause physical harm (ph)
  2. threat to cause ph
  3. attempt to cause ph
  4. place them in fear of imminent ph

5(par. a). attempt to compel [or] compelling them to engage in a CONDUCT they have the right to desist from [or] attempt to compel or compelling them desist from a conduct they have the right to engage in
- ex. woman
5(par. b)

30
Q

sec 5(5)

A

5(par. a). attempt to compel [or] compelling them to engage in a CONDUCT they have the right to desist from [or] attempt to compel or compelling them desist from a conduct they have the right to engage in
- ex. woman
5(par. b)

31
Q

A and B are married. B & C conspired to sexually abuse A.

can C be charged for VAWC?

A

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

32
Q

Juvenile Justice and Welfare ACt

A

9344

33
Q

How should the provisions of this act be construed?

not so impo

A

In case of doubt, the interpretation of any of the provisions of this Act, including its implementing rules and regulations (IRRs), shall be construed liberally in favor of the child in conflict with the law

34
Q

What are the RIGHTS of a child in conflict with the law in all stages of the proceedings?

general idea

A

section 5

a. not tortured

b. not without possibility of release for capital punishment or l.i.

c. not deprived of liberty and detention as last resort w/ shortest period

d1. treated humanly
d2. deprived but separate from adult offenders
d3. visits

e. legal assistance

f. to bail & recognizance

g. to testify as a witness

h. privacy respected

i. to diversion

j. to imposed a judgment proportion to the gravity

k. fines being more preferred as penalty

l. in gen, automatic suspension of sentence
- serving of sentence need not be immediate

m. to probation

n. free from liability of perjury, concealment, or misrepresentation

o. other rights

35
Q

How does the law classify age in relation to the liability of a child in conflict with the law?

A

[a] exempt from criminal liability + subjected to intervention program

[b] “ “ unless acted with DISCERNMENT, child be subjected to appropriate proceedings according to 9344

36
Q

What are the evidences of age?

A

birth, baptismal or pertinent document

if none, age based on:
- the information
- testimonies of persons
- physical appearance
- other relevant evidence

37
Q

What is the presumption relative to a child in conflict with the law and how is the issue as to his or her age to be construed in case of doubt?

A

the child in conflict with the law shall enjoy the presumption of minority.

he shall enjoy all the rights if a CiCwL until proven to be 18.

38
Q

What should be done with children who are exempt from criminal
responsibility who committed serious crimes?

What are the crimes included?

A

[A] serious crimes
- homicide (all forms)
- kidnapping & serious illegal detention where victim is raped or killed
- robbery w/ homicide/rape
- offenses with RA 9165 (DD act) punished with with more than 12 years

[B] children 12yrs-15 shall be deemed a NEGLECTED CHILD under PD 603

[C]
shall be MANDATORILY placed in a special facility within the Youth Care Facility [or] Bahay Pag-asa called the INTENSIVE JUVENILE INTERVENTION & SUPPORT CENTER supervised by social welfare development officer

39
Q

How should a CICL who committed repetitive offenses be considered? How should he or she dealt with?

A

a child 12yrs-15yrs who commits a 2nd offense

PROVIDED cicl subjected to a community-based intervention program, shall be deemed a NEGLECTED CHILD (PD 603) and undergo INTENSIVE INTERVENTION

PROVIDED FURTHER
- if best interest of child require he be in a youth care facility or Bahay Pag-asa, parents/guardian shall execute a written authorization for the voluntary commitment of the child

PROVIDED FINALLY
- if no parent or refuse to execute AVC, proper petition for INvoluntary commitment shall be filed By the DSWD or LSWDO pursuant to PD 603

40
Q

Who are the persons who are deemed to have exploited children for the commission of the crime?

A

sec 20-C of RA 10630

[A]
a person, in the commission of a crime:
- makes use
- takes advantage of
- or profits
from the use of children

[B]
- abuses his authority over the child
- with AoC, takes advantage of the vulnerabilities of the child and
- shall [iti] induce, threaten, instigate the commission of a crime

note
AoC - abuse of confidence

41
Q

How should persons who exploited children for the commission of crimes be dealt with?

A

not impose one degree higher but

imposed the penalty prescribed by law for the [crime committed] in its max. period

42
Q

What is the so-called joint parental responsibility?
What is the procedure for taking a CICL into custody?
What are the duties of an enforcement officer during the initial
investigation?
How is the system of diversion to be carried out?
What are stages of proceedings where diversion may be conducted?
What are the periods of diversion?
What are the diversion measures?

How does automatic suspension of sentence operate?
How is the provision on probation different from the probation under the
probation law?
What are the status offenses?
What offenses are not applicable to CICL even if he/she is over 15 years of
age?

A
43
Q

What should the officer who has initial contact with a CICL do when the
latter is 15 years of age or below?

A
44
Q

What should he do when the CICL is over 15 years of age but is without
discernment?

A