SPL Module 5 Flashcards

Question 1

Q

Comprehensive Firearms and Ammunition Regulation Act (done)
Dangerous Drugs Act
(done)
Obstruction of Justice (done)

Answer

A

RA 10591
RA 9165
PD 1829

Question 2

Q

What are the acts punishable under PD 1829?

Answer

A

any person who knowingly or willfully [foid] obstructs, impedes, delays, or frustrates the
APPREHENSION of SUSPECTS [and]
the INVESTIGATION [&] PROSECUTION of criminal cases by committing ANY of the following acts:

Question 3

Q

What are the specific acts punished

Answer

A

[A]
preventing WITNESSES from TESTIFYING in any criminal proceeding [or] from REPORTING the commission of any offense [or] identity of any offender/s by means of [midbft] bribery, misrepresentation, deceit, intimidation, force or, threats

Question 4

Q

Can you prosecute one for PD 1829 (a) on the means of threats and Grave Threats?

Answer

A

No

The threat is necessarily included in
The offenses under both laws are regarded as “the 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

Therefore, since the accused cannot be prosecuted under both laws at the same time, the higher penalty among them shall be imposed as provided by PD 1829

Question 5

Q

What are the specific acts punished (b)

Answer

A

[A]
[B]
[adsc] altering, destroying, suppressing, concealing and [prdo] paper, record, document or object WITH INTENT TO IMPAIR its [valaa] 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

Question 6

Q

What are the specific acts punished (c)

Answer

A

[hcf] harboring, concealing, or facilitating the escape of, ANY PERSON he knows [or] has reasonable ground to believe or suspect, has committed an offense under existing penal laws in order to prevent his arrest prosecution and conviction.

Question 7

Q

when will an ACCESSORY in a crime be liable as a PRINCIPLE IN ANOTHER CRIME?

Answer

A

As a general rule, persons are liable as accessories
(Article 19 book 1 of the RPC when they:

have knowledge 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. Assisting the escape of the PRINCIPAL

HOWEVER, When he is an accessory whose act or
omission is also penalized in a special law.

In crimes under special laws or crimes mala prohibita, the offenders generally are penalized as principals unless otherwise provided

THUS, 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

Question 8

Q

What are the specific acts punished (d)

Answer

A

[A]
[B]
[C]

[D]
PUBLICY using a FICTITOUS name for the purpose of
- concealing a crime
- evading prosecution, or
- execution of judgment
- concealing his TRUE NAME, and
- other personal circumstances for the same purpose/s

note
- can’t prosecute for 178 (Using Fictitious Name)

Question 9

Q

What are the specific acts punished (e)

Answer

A

[A] [B] [C] [D]

[E]
delaying the PROSECUTION of criminal cases by:

obstructing the service of process or court orders or
disturbing proceedings in the fiscal’s officer in Tanodbayan, or in courts.

Question 10

Q

What are the specific acts punished (f)

Answer

A

[A B C D E]

[F]

making, presenting, or using any [rdpo] record, document, paper, or object WITH KNOWLEDGE OF ITS FALSITY [and] WITH INTENTION TO AFFECT the course or outcome of the investigation of, or official proceedings in, CRIMINAL cases

Question 11

Q

What are the specific acts punished (G)

Answer

A

[ABCDEF]

[G]
soliciting, accepting, or agreeing to accept any benefit in consideration of [adi] abstaining from, discounting, or impeding the PROSECUTION of a criminal offender.

Question 12

Q

What are the specific acts punished (h)

Answer

A

[ABCDEFG]

[H]
threatening directly or indirectly another with the infliction of ANY WRONG

upon his person, honor, or property, or
that of any immediate member/s of his family
in order to PREVENT such 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

Question 13

Q

What are the specific acts punished (i)

Answer

A

[ABCDEFGH]

[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 to the court.

Question 14

Q

Differentiate an accessory from a principal in PD 1829

Answer

A

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, When he is an accessory whose act or
omission is also penalized in a special law.

In crimes under special laws 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

Question 15

Q

SKIPPED READING CASES FOR FINALS

Answer

A

SKIPPED READING CASES FOR FINALS

Question 16

Q

DANGEROUS DRUGS ACT

Question 17

Q

Define the Ff:

a. Person

b. Protector/coddler
c. Financier
d. Controlled precursor and essential chemicals
e. Sell
f. Trade
g. Deliver
h. Administer
i. Dispense

Answer

A

paragraph (bb)

Any ENTITY, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations.

Question 18

Q

Define the Ff:

b. Protector/coddler

c. Financier
d. Controlled precursor and essential chemicals
e. Sell
f. Trade
g. Deliver
h. Administer
i. Dispense

Answer

A

paragraph (ee)

[a]
Any person who knowingly and willfully consents to the unlawful acts provided for in this Act (& its particular section)

[b] [and] uses his/her influence, power or position in [shsf] shielding, harboring, screening or facilitating the escape of any person he/she knows, [or] has reasonable grounds to believe on or suspects, has violated the provisions of this Act

[c]
in order to prevent the arrest, prosecution and conviction of the violator.

Question 19

Q

Define the Ff:

c. Financier

note
- aggravating circumstance resulting to max penalty if financier

d. Controlled precursor and essential chemicals
e. Sell
f. Trade
g. Deliver
h. Administer
i. Dispense

Answer

A

Any person who [prsu] pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.

Question 20

Q

Define the Ff:

d. Controlled precursor and essential chemicals

e. Sell
f. Trade
g. Deliver
h. Administer
i. Dispense

Answer

A

Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act

Question 21

Q

Define the Ff:

e. Sell

f. Trade
g. Deliver
h. Administer
i. Dispense

Answer

A

any act of giving away any DD and/or CP and EC whether for money or any other consideration.

Question 22

Q

Define the Ff:

f. Trade

g. Deliver
h. Administer
i. Dispense

Answer

A

transactions involving the illegal trafficking of DD and/or CP and EC using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms

[or]

acting as a broker in any of such transaction whether for money or any other consideration in violation of this Act.

Question 23

Q

Define the Ff:

g. Deliver

h. Administer
i. Dispense

Answer

A

any act of knowingly passing a DD to another, personally, or otherwise, and by any means with or without consideration

Question 24

Q

Define the Ff:

h. Administer

i. Dispense

Answer

A

any act of introducing any DD into the body of any person with or without his/her knowledge, by [iii] injection, inhalation, or ingestion or other means

[or]
committing any act of indispensable assistance to a person IN ADMINISTERING DD ot himself/herself UNLESS administered by a duly licensed practitioner for purposes of medication

Question 25

Q

Define the Ff:

i. Dispense

Answer

A

Any act of **giving away, selling or distributing medicine or any DD with or without prescription

Question 26

Q

Define the Ff:

j. Illegal trafficking

k. Drug syndicate
l. Pusher
m. Den, dive or resort
n. Employee of den, dive or resort
o. Chemical diversion
p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

illegal [mispatched]

manufacture
importation
sale
possession
administration
trading, transportation
cultivation, culture
h -
exportation
delivery

if ANY DD and/or CP and EC

Question 27

Q

Define the Ff:

k. Drug syndicate

l. Pusher
m. Den, dive or resort
n. Employee of den, dive or resort
o. Chemical diversion
p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

[a]
Any organized group of two or more persons forming or joining together

[b]
with the intention of committing any offense prescribed under this act

Question 28

Q

Define the Ff:

l. Pusher

m. Den, dive or resort
n. Employee of den, dive or resort
o. Chemical diversion
p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

any person who [staddgddtb]

sells, trades, administers, dispenses, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports DD or who acts as a broker in any of such transactions, in violation of this act

Question 29

Q

Aggravating Circ of pushers

Answer

A

[1]
- aggravating circ (max penalty) if stadddt of DD.CP.EC w/in 100 meters from school

[2]
For drug pushers who use minors or mentally incapacitated individuals as runners couriers, and messengers

[3]
victim is a minor or mentally incapacitated

[4] the DD.CP.EC involved in the offense be the PROXIMATE CAUSE of death of a victim

[5]
any person who organizes, manages or acts as a FINANCIER of the illegal activities

Question 30

Q

Define the Ff:

m. Den, dive or resort

n. Employee of den, dive or resort
o. Chemical diversion
p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

A placed where any DD.CP.EC is [adsdsu] administered, delivered, stored for illegal purposes, distributed, sold or used in any form

Question 31

Q

Define the Ff:

n. Employee of den, dive or resort

o. Chemical diversion
p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

the caretaker, helper, watchman, lookout, and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator

[b]
where any DD.CP.EC is administered, delivered, distributed, sold or used with or without compensation in connection with the operation thereof

Question 32

Q

Define the Ff:

o. Chemical diversion

p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

[a]
the sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured CP.EC in diluted mixtures or in concentrated form

[b]
to any person or entity engaged in the manufacture of any DD

[c]
and shall include packaging, repackaging, labeling, relabeling, or
- concealment of such transactions through FRAUD,
- destruction of documents,
- fraudulent use of permits,
- misdeclaration,
- use of front companies or mail fraud.

Question 33

Q

Define the Ff:

p. Laboratory equipment

q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

[a]
the paraphernalia, apparatus, materials or appliances when used,

[b]
intended for use or designed for use in the manufacture of any DD.CP.EC

[c]
such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute

Question 34

Q

Define the Ff:

q. Instrument

r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

anything that is used in or intended to be used in any manner in the COMMISSION of illegal drug trafficking or related offenses

Question 35

Q

Define the Ff:

r. Use

s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the DD

Question 36

Q

Define the Ff:

s. Confirmatory test

t. Drug dependence
u. Cultivation and culture
v. Planting of evidence

Answer

A

an analytical test using a device, tool, or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test

note
sec 15 on use of DD, person apprehended or accused found positive of use of DD after a confirmatory test

Question 37

Q

Define the Ff:

t. Drug dependence

u. Cultivation and culture
v. Planting of evidence

Answer

A

based on WHO definition, it is a cluster of physiological, behavioral, and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use

note
- declared state policy to provide effective reintegration of persons who have fallen victim to DD
- all level until tertiary shall include rehab for students for D dependnce

Question 38

Q

Define the Ff:

u. Cultivation and culture

v. Planting of evidence

Answer

A

any act of knowingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of a DD

Question 39

Q

Define the Ff:

v. Planting of evidence

Answer

A

[a]
willful act by any person of maliciously and surreptitiously inserting, placing, adding, or attaching directly or indirectly, through any overt or covert act, WHATEVER quantity of any DD.CP.EC

[2]
in the person, house, effects or in the immediate vicinity of an innocent individual

[3]
for the purpose of implicating, incriminating or imputing the commission of any violation of this act

Question 40

Q

What are the )16) acts punishable in 9165?

Answer

A

[sec 4]
importation of

[sec 5]
STADDDT of

[sec 6]
maintenance of a den, dive or resort

[sec 7]
being an employee or visitor of a Den, Dive or Resort

[sec 8]
Manufacture of

[sec 9]
Illegal Chemical Diversion of CP.ED

[sec 10]
Manufacture or Delivery of EIAoP of DD.CP.EC

[sec 11]
Possession of DD

[sec 12]
Possession of EIAoP

[sec 13]
Possession of DD during parties, social gatherings, or meetings

[sec 14]
possession of EIAoP for DD during parties, social gatherings or meetings

[sec 15]
USE of DD

[sec 16]
CoC of plants classified as DD or are SOURCES THEREOF

[sec 17]
Maintenance & Keeping of Original Records of Transactions on

[sec 18]
UNnecessary prescription of DD

[sec 19]
UNLAWFUL prescription of DD

note
“… of” - DD and/or CP and EC

STADDDT - sale, trading, administration, dispensation, delivery, distribution, and transportation

EIAoP - equipment, instruments, apparatus, & other paraphernalia

CoC - cultivation or Culture

Question 41

Q

which acts have aggravating circumstances that will result to the maximum penalty to be imposed?

Answer

A

4, 5, 6, 8, 10, 12, 16

Question 42

Q

Acts Punishable (Article II)

[a]
Sec 4

Answer

A

IMPORTATION of DD.CP.ED

those who shall import or bring into the Philippines any DD, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative, and culinary purposes
shall import any CP.ED

note
- “unless authorized by law for both”

Question 43

Q

Acts Punishable (Article II)

[b]
Sec 4 aggravating circumstances

Answer

A

[b]
shall import or bring into the Philippines DD.CP.EC through the use of diplomatic passport, diplomatic facilities or any other means involving his official status [INTENDED] to facilitate the unlawful entry of the same.
- In addition, the diplomatic passport shall be confiscated and cancelled
any person, who organizes, manages or acts as a FINANCIER of any illegal activities prescribed in this Section (sec 4 on importation)

note
aggra = max penalty

Question 44

Q

Acts Punishable (Article II)

aggra sec 5

Answer

A

[stadddt] of DD.CP.EC

transpires within one hundred (100) meters from the school.
For DRUG PUSHERS who use minors or mentally incapacitated individuals as runners, couriers and messengers, [or] in any other capacity directly connected to the DD.CP.EC trade.
If the victim of the offense is a minor [or] a mentally incapacitated individual
DD.CP.ED involved in any offense be the PROXIMATE CAUSE of death of a victim

note
- each aggra imposed in every case

Question 45

Q

Acts Punishable (Article II)

aggra of sec 6

Answer

A

any DD is administered, delivered or sold to a MINIOR who is allowed to use the same in such a place.
any person who organizes, manages or acts as a “financier”

Question 46

Q

Acts Punishable (Article II)

aggra of sec 8

8 = infinity = manufacturing is infinite

Answer

A

FINANCIER of sec 8

Question 47

Q

Acts Punishable (Article II)

aggra of sec 10

Manufacture or Delivery of EIAoP for

Answer

A

who uses a minor or a mentally incapacitated individual to deliver such EIAoP for DD

Question 48

Q

Acts Punishable (Article II)

aggra of sec 12

possession of EIAoP for DD

Answer

A

max penalty provided in sec 14 for sec 12 is:

possess or have control of EIOaP intended for [scaiii] smoking, consuming, administering, injecting, ingesting, or introducing drug into the body, during parties, social gatherings or meetings,

[ or ]

in the PROXIMATE COMPANY of at least two persons

Question 49

Q

Acts Punishable (Article II)

aggra of sec 16

CoC of plants classified as DD or are sources thereof

Answer

A

if the land involved is part of the public domain
FINANCIER

Question 50

Q

What is the prima facie evidence relative to Manufacture of DD and/or CP and ED (sec 8)

Answer

A

the presence of **CP & EC or laboratory equipment in the clandestine laboratory is prima facie proof of MoD of DD

Question 51

Q

what is the prima facie evidence of USE of dangerous drugs

Answer

A

in sec 12,

the possession of EIAoP is prima facie evidence that a possessor has [scaiiu] smoked, consumed, administered to himself, injected, ingested or USED a DD and shall be presumed to have violated sec 15

Question 52

Q

What is the effect of voluntary submission of a drug dependent to confinement, treatment and rehabilitation?

Answer

A

section 55

drug dependent user
under the voluntary submission program
finally discharged from confinement
shall be exempt from criminal liability under section 15 (use of DD)

Question 53

Q

What are the conditions for exemption from liability?

[b] for the unqualified?

Answer

A

[1]
He has complied with the rules and regulations of the center including the after-care and follow-up program for at least 18 months following temporary discharge from confinement in the center

[2]
He has never been CHARGED or convicted of any offense punishable under 7160, RPC, or SPLs

[3]
No record of escape.
a. provided he escaped, SURRENDERED himself ONE WEEK the date of escape or through his parent, spouse, guardian, relative w/in 4 consanguinity

[4]
He pose no serious danger to himself, his family, or the community by his exemption of criminal liability.

[b]
for the unqualified, PROBATION or COMMUNITY SERVICE

Question 54

Q

What is the effect if the land or portions thereof and/or greenhouses is found to have any of the plants subject of dangerous drugs act being cultured or cultivated? What defense is available to the owner?

Answer

A

[a]
that land or portion or greenhouse shall be confiscated and escheated in favor of the State

[b]
owner prove
- lack of knowledge of such cultivation or culture despite due diligence on his part

Question 55

Q

Against whom is the revocation of license to practice is directed under this law?

Answer

A

[sec 17]
[*pmwiddr] practitioner, manufacturer, wholesaler, importer, distributor, dealer, or retailer who violates or fails to comply with the maintenance and keeping of the Original Records of transactions of DD.CP.EC

[sec 18]
PRACTITIONER who prescribe any DD to any person whose physical or physiological condition does NOT require the use [or] in dosage prescribed therein

[sec 37]
Authorized Person, Licensed, or Accredited and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug test results [kwg] knowingly, willfully, or through gross negligence
- closure of drug testing center

Question 56

Q

Is the Probation Law applicable to violators of RA 9165?

Answer

A

[sec 24]
No, the probation law does not apply to drug traffickers & pushers

[sec 55]
Yes, the probation applies to a drug dependent under the voluntary submission program

Question 57

Q

How will attempt or conspiracy to commit the unlawful acts be treated under this law?

Answer

A

sec 26

Any Attempt or Conspiracy to commit the ff acts:
sec 4, 5, 6, 8, 16

shall be penalized by THE SAME PENALTY prescribed for the COMMISSION of the same

Question 58

Q

What are the criminal liabilities of the Public Officers or employees under this law?

Answer

A

[sec 27]

(PUBLIC OFFICER)
- L.I. to death [and]
- fine from 500k-10mil
- in addition to perpetual disqualification from public office

(elective/national Official)
- removed from office
- perpetually disqualified from holding public office

Question 59

Q

What is the consequence for planting evidence?

Answer

A

[sec 29]

any person found guilty of planting evidence of any DD.CP.EC, regardless of quantity & purity shall suffer the penalty of DEATH

Question 60

Q

STOPPED HERE

Answer

A

STOPPED HERE

Question 61

Q

What are the elements for illegal sale of DD?

Answer

A

in a prosecution for illegal sale of DD the ff: must be proved (Pp v CABADDU)

that the transaction took place
that the corpus delicti or the illicit drug was presented as evidence
that the buyer and seller were identified

Question 62

Q

Comprehensive Firearms and Ammunition Regulation Act

Question 63

Q

Define the following:

a. Ammunition

b. Firearm
c. Arms smuggling
d. Imitation firearm
e. Licensed citizen
f. Loose firearm
g. Permit to carry firearm outside residence
h. Permit to transport firearm
i. Residence
j. Tampered, obliterated or altered firearm

Answer

A

refers to a COMPLETE unfired unit consisting of a:
- bullet
- gunpowder
- cartridge case,
- primer or loaded shell

for use in any firearm

Question 64

Q

Define the following:

b. Firearm

c. Arms smuggling
d. Imitation firearm
e. Licensed citizen
f. Loose firearm
g. Permit to carry firearm outside residence
h. Permit to transport firearm
i. Residence
j. Tampered, obliterated or altered firearm

Answer

A

[a]
any handheld or portable weapon, whether a small arm or light weapon,

[b]
that expels or is designed to expel a bullet, shot, slug, missile or any projectile which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement.

[c]
barrel, frame, or receiver is considered a firearm

Answer 63

A

[samdiet] import, export, acquisition, sale, delivery, movement or transfer

of firearms, their parts and components and ammunition from or across the territory of one country to that of another country

which has NOT been authorized in accordance to domestic law in either or both country/coutries

Answer 64

A

REPLICA of a firearm [or] other device that is so substantially similar in coloration and overall appearance to an existing as to lead a reasonable person to believe that such imitation firearm is a real firearm

Answer 65

A

refers to any FILIPINO who COMPLIES with the qualification set forth in 10591 [and] duly issued with a license to:
- possess or
- carry firearms

outside of the residence in accordance with this act

Answer 66

A

UNregistered firearm
obliterated firearm, or
altered firearm
firearm which has been lost or stolen
illegally manufactured firearms
registered firearms in the POSSESSION of an individual other than the licensee
registered firearm with an individual with revoked licenses in accordance with the rules and regulations

Answer 67

A

[a]
WRITTEN AUTHORITY issued to a licensed citizen by the Chief of the PNP

[b]
which entitles such person to carry his registered or lawfully issued firearm outside of the RESIDENCE for the duration and purpose specified in the authority

Answer 68

A

WRITTEN AUTHORITY issued to a licensed citizen [or] ENTITY by the Chief of the PNP [or] by a PNP Regional Director

which entitles such person [or] entity to TRANSPORT a particular firearm from and to a specific location within the duration and purpose in the authority

Answer 69

A

place or places of abode of the licensed citizen as indicated in his/her license

Answer 70

A

any firearm whose - serial number or
- other identification or
- **ballistics characteristics

have been INTENTIONALLY tampered, obliterated, or altered WITHOUT AUTHORITY [or] in order to conceal its source, identity, or ownership

Answer 71

A

[ARTICLE V]
1. Unlawful Acquisition, [or] Possession of Firearms and Ammunition (sec 28)

Use of Loose firearms in the commission of a crime (sec 29)
Absence of Permit to Carry OUTSIDE of a Residence (sec. 31)
UNLAWFUL MANUFACTURE, IMPORTATION, SALE, OR DISPOSITION

of firearms [or] ammunition or parts thereof, machinery, tool or instrument used
[or] (unlawful manufacture of) intended to be used in the manufacture of firearms, ammunition of parts thereof (sec. 32)

note
not only the unlawful manufacture of the firearm but also items that help manufacture those firearms

Arms Smuggling (sec. 33)
Tampering, Obliteration, or Alteration of Firearms Identification (Sec. 34)
Use of an IMITATION Firearm (Sec. 35)
Planting Evidence (Sec. 38)
Failure to NOTIFY LOST or STOLEN firearm [or] light weapon (sec. 40)
Illegal transfer/Registration of Firearms (sec. 41)

Answer 72

A

(par. e)

1 degree higher than (a, c) imposed if a person shall unlawfully possess any firearm under any or combination of the ff conditions:

loaded w/ ammunition or inserted w/ **loaded magazine
fitted or mounted with laser [or] any gadget to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like;
fitted or mounted with sniper scopes, firearm muffler or silencer
accompanied with an extra barre
converted to be capable of firing full automatic bursts

note
(a) - unlawfully acquire or possess small arm
(c) - “ “ Class-A light weapon

Answer 73

A

Yes, the law provides that if the crime is committed by the person WITHOUT USING THE LOOSE FIREARM, his POSSESSION of such shall be considered as a distinct and separate offense

Answer 74

A

Robbery with Intimidation aggravated by use of loose firearm

One-Liner
Hence, if the “other crime” is murder or homicide, illegal possession of firearms becomes merely an aggravating circumstance, not a separate offense

Pp v. Bolinget
Republic Act No. 8294 provides that “if homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance.”47 We have consistently ruled that if an unlicensed firearm is used in the commission of any other crime, there can be no separate offense of simple illegal possession of firearms.48 Thus, in People vs. Ladjaalam,

Answer 75

A

the use of loose firearms is ABSORBED

Answer 76

A

No, you cannot charge for both.

in sec 29 of 10591, it provides that **if the penalty is lower than penalty for illegal POSSESSION, penalty for illegal POSSESSION is imposed

In this case, Josh will be sentenced for illegal possession of a firearm instead of the crime of grave threats, as the penalty for illegal possession is higher

Answer 77

A

the penalty of prision mayor in its minimum period shall be imposed IN ADDITION to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty

sec 29
if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty.

Answer 78

A

[a]
prision mayor in its MAX period

[b]
- aggravated if offender is a public officer or employee
- reclusion perpetua

Answer 79

A

If government-issued firearms, ammunition or major parts of firearms or light weapons are unlawfully disposed, sold or transferred by any law enforcement agent or public officer to private individuals

from PC to RT

Answer 80

A

[sec 3]
**Unlawful Manufacture, Sales, Acquisition, Disposition, or Possession of Explosives

[sec. 4]
Responsibility and Liability of Law Enforcement Agencies and Other Government Officials and Employees in Testifying as Prosecution Witnesses.

[Sec. 4-A.]
‘Planting’ any explosive or incendiary device or any part, ingredient, machinery, tool or instrument of any explosive or incendiary device

[Sec. 6.]
Repacking or Altering the Composition of Lawfully Manufactured Explosives.

Answer 81

A

Presentation of “marked money” is NOT ESSENTIAL in the prosecution of selling DD in buy-bust operations because it is NOT indispensable, it is merely corroborative evidence

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