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Criminal Law II > SPL Module 4 > Flashcards

SPL Module 4 Flashcards

1
Q
  • Anti-Graft & Corrupt Practices Act (done)
  • Anti-Money Laundering Act (done)
  • Anti-Plunder Act (done)
A

RA 3019

RA 9160

RA 7080 (amn. 7659)

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2
Q

Anti-Graft and Corrupt Practice Act

A

RA 3019

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3
Q

Define the following:
1. Government

  1. Public officer
  2. Receiving any gift
A

includes the local, GOCC, national, and all other instrumentalities or agencies of the Republic of the Philippines and their branches

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4
Q

Define the following:

  1. Public officer
  2. Receiving any gift
A

includes
- elective & appointive officials and employees
- permanent or temporary
- whether in classified or UNclassified or
- exempt service

all receiving compensation, even nominal (gamay) from the gov’t as defined in the preceding paragraph.

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5
Q

Define the following:

  1. Receiving any gift
A

act of accepting directly or INdirectly a gift from
- a person
- [other than member of the public officer’s immediate family]
- in behalf of himself,
- member of his family or relative w/in 4th civil degree either by consanguinity or affinity

even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances MANIFESTLY EXCESSIVE

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6
Q

how is the law to be construed?

A
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7
Q

what are the corrupt practices of public officials under sec. 3

GENERAL IDEA FIRST

A
  1. pii another PO to violates Ru&Re
  2. Re&Re [gpspb]
  3. Re&Re [gppm]
  4. accepting employment in PRIVATE ENTERPRISE
  5. Causing Injury to any [AND] Giving unwarranted benefits
  6. Neglecting/Refusing to act on a matter pending before him about pecuniary or material benefit
  7. Entering into a CONTRACT that grossly disadvantages the gov’t
  8. in/directly having financing or pecuniary interest in BUSINESS & INTERVENES in official capacity
  9. in/directly, for personal gain, APPROVE a transaction where he is a member of the board
  10. GRANTING privileges to unqualified or not legally entitled
  11. DIVULGING info to persons or RELEASING info before authorized date
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8
Q

what are the ELEMENTS OF sec. 3a

Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the ff shall constitute corrupt practice of any PO and are hereby declared to be unlawful.

A

[a1]
[pii] persuading, inducing, influencing another public officer to perform:

  1. an act CONSTITUTING A VIOLATION OF RULES & REG. duly promulgated by competent authority, or
  2. an offense in connection with the official duties of the latter

[a2]
- or PO allowing himself to be [pii] to commit such violation or offense

note
both corruptor and corrupted are liable

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9
Q

what are the ELEMENTS practices of public officials under sec. 3b

A

[b1]
directly or indirectly 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

ELEMENTS
1. offender is a PO
2. he requested and/or received a gift, present, or consideration
3. the gpc was for the benefit of the PO
4. the gpc was requested & received in connection with a contract [or] a transaction with the gov’t
5. PO has the right to intervene in such a contract [or] transaction in his official capacity

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10
Q

what are the corrupt practices of public officials under sec. 3c

A

[c1]
directly/in REQUESTING or RECEIVING any [gp] or other PECUNIARY OR MATERIAL BENEFIT

[c2]
- for himself or
- for another, from any person for whom the PO, in any manner or capacity, has secured or obtained, or will secure or obtain any Gov’t permit or license IN CONSIDERATION for the help given or to be given, without prejudice to sec. 13 of this act

ELEMENTS
1. PO
2. in/directly RE & RE a gppm for himself or for another person
3. the gppm has been RE&RE *from a person for whom the PO has secured or obtained a license or permit in any manner or capacity (or will secure)
4. He RE&RE the gppm in consideration of the help given (or will be given)

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11
Q

difference between BRIBERY of 3b and 3c

A

[3b]
the gpspb RE&RE is in connection with a CONTRACT bet. the Gov’t & Party

[3c]
the gppm RE&RE is in connection with a gov’t PERMIT/LICENSE

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12
Q

what are the ELEMENTS practices of public officials under sec. 3d

A

[d1]
ACCEPTING or having any member of his family accept employment in a PRIVATE enterprise which has pending official business with him during the pendency thereof [OR] w/in (1) yr after its termination

ELEMENTS
1. PO
2. Accepted [or] had member family accept employment in private enterprise
3. The PE has pending official business w/ accused
4. acceptance of employment by PO or member family in PE ocurred during pendency of official business [or] within one year after its termination

note
- public enterprise is fine
- mere acceptance is punishable

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13
Q

(2) Ways to Violate 3e?

A
  1. causing undue injury to any party, including gov’t, and
  2. giving any party any unwarranted benefit, advantage, or preference
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14
Q

what are the ELEMENTS practices of public officials under sec. 3e

note
- frustrated/attempted is NOT punishable as 3019 is malum prohibitum (Pecho v. SB)

A

ELEMENTS
1. are POs [or] private persons CHARGED with Conspiracy with them
2. POs committed prohibited acts during performance of official duties [or] in relation to their public positions
3. They caused undue injury to any party or gov’t, or private party
4. such injury is caused by giving unwarranted benefits, advantages, and preference to such parties, and
5. the POs acted with
- manifest partiality
- evident bad faith, or
- gross inexcusable negligence

note
good faith is a defense for 3e

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15
Q

what are the ELEMENTS of sec 3f

Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.

A
  1. PO
  2. PO neglected/refused to act w/o sufficient justification after due demand has been made
  3. Reasonable time has elapsed from such demand w/o any action by the PO
  4. such failure to act is for the PURPOSE OF OBTAINING in/directly, from any person interested in the matter of some [pma] in favor of an interested party [or] discriminating another
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16
Q

elements of sec 3g

[a]
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.

[b]
Criteria as to determine if 3g has been violated

A
  1. PO
  2. entered into a CONTRACT/transaction in behalf of the gov’t
  3. such contract is grossly and manifestly disadvantageous to the gov’t

[b]
1. PO must have authority to conclude a contract & bind gov’t thereto
2. the contract must be existing and NOT have been rescinded
3. contract is grossly & manifestly disadvantageous to the gov’t

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17
Q

ELEMENTS of sec 3h

Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

A
  1. PO
  2. in/directly has financing/ pecuniary interest in any business, contract/transaction
    3.in connection with [bct], he INTERVENES [or] TAKES PART in his official capacity [or] in which he is PROHIBITED by the Consti or by any law from having any interest

note
actual intervention is required. PO is not prohibited from having interest but the use of influence, authority, power on such is prohibited.

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18
Q

ELEMENTS of sec 3i

Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board, panel or group to which they belong.

A
  1. PO
  2. in/directly becomes interested, for personal gain, or having a material interest in any transaction or act
  3. such transaction/act requires APPROVAL OF A BOARD which the PO is a member [and] which exercises DISCRETION in such approval, even if he votes against the same [or] does not participate in the action of the board
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19
Q

ELEMENTS of sec 3j

Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

A
  1. PO
  2. knowingly approving or granting the [lpb]
  3. in favor of:
    a. person not qualified or not legally entitled to [lpb]
    b. mere representative or dummy of one who is not qualified or entitled

note
RE & Re gppm is not required in this provision
dummy ex - Carlos approves a business license for a storefront owned by Julia. However, Julia is merely acting as a dummy for her brother, who has a criminal record and is legally barred from owning a business.

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20
Q

ELEMENTS of sec 3k

Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

A
  1. PO
  2. Divulging valuable information of a CONFIDENTIAL CHARACTER
    a. such info was acquired by his office
    b. on account of his official position
  3. Releasing such information in ADVANCE of its authorized release date.
21
Q

What transactions are covered by sec. 3(b)?

Is demand material in the charge for violation of sec. 3(b)?

A

[a]
in connection with contracts or transactions with the gov’t and other party

[b]
Lack of demand is immaterial (Peligrino v Pp)

22
Q

What is covered by the term “family” under sec 3(d)?

[b]
close personal relation

A

family relation shall include
- spouse
- relatives by consanguinity/affinity in the (3rd) civil degree

[b]
- close personal friendship
- social & fraternal connections
- professional employment

all of which giving rise to intimacy which assures free access to such PO

23
Q

> sec 3e
what is undue injury

A

real or actual damages caused by the acts of the offender

24
Q

What is bad faith in relation to sec 3(e)?

A

imputes a DISHONEST PURPOSE.

It partakes of the NATURE OF FRAUD

25
Q

> sec 3e

what is gross negligence

A

negligence characterized by want of even slight care

26
Q

Does violation of sec. 3(e) have an attempted or frustrated stage?

A

No, not punishable by virtue that it is mala prohibita

27
Q

SKIPPED
- cases
- starting form preventive suspension

A
28
Q

Anti-Money Laundering Act

A

9160

29
Q

What is money-laundering?

A

is a crime whereby proceeds of an unlawful activity whether in [cpa] cash, property, or other assets are [ccd] converted, concealed, disguised to make them appear to have originated from legitimate sources.

30
Q

who are covered persons by the law?

A

Natural Persons
Juridical Persons
a. SoRb the **Bangko Sentral ng PIlipinas (BSP)
b. SoRb the Insurance Commission
c. SoRb the **Security & Exchange Commission (SEC)
d. Casinos including internet and ship-based casinos, with respect to their casino cash transaction related to gaming operations

31
Q

who are exempted

A

RA 10365 3(a)
- LAWYERS & ACCOUNTANTS acting as independent legal professionals

provided they are authorized to practice in the Philippines [and] shall continue to be subject to the provisions of their respective codes of conduct

32
Q

What are the covered transactions?

A

are transactions in cash or its equivalent in a monetary instrument involving a total amount IN EXCESS OF 500K Philippine pesos within one BANKING day

33
Q

covered transactions for

a. casinos
b. jewelry dealers in precious metal/stones
c. covered persons under sec 3(a)(8)

A

a. single casino transaction involving an amount IN EXCESS of 5mil or its equivalent

b. IN EXCESS of 1mil

c. iN EXCESS of 500k

34
Q

What are suspicious transactions?

A

transactions w/ covered institution, REGARDLESS of amount involved, where any of the enumerated suspicious circumstances exist

a. non underlying legal or trade obligation, purpose. or economic justification

b. client is NOT properly identified

c. amount involved is not commensurate to the financial capacity of the client

d. clients transaction is structure to avoid subject of reporting requirements
- * just under the reporting threshold*

e. any circumstances which is observed to deviate from the profile of the client and/or his past transactions

f. transaction is related to an unlawful activity or offense

g. any transaction similar or analogous to the foregoing

35
Q

What are the unlawful activities under section 3(i) of AMLA

A

Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;

Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002;

Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;

Plunder under Republic Act No. 7080, as amended;

Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;

Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;

Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;

Qualified theft under Article 310 of the Revised Penal Code, as amended;

Swindling under Article 315 and Other Forms of Swindling under Article 316 of the Revised Penal Code, as amended;

Smuggling under Republic Act Nos. 455 and 1937;

Violations of Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;

Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended;

Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3 and 4 of Republic Act No. 9372;

Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic Act No. 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012;

Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and Corruption of Public Officers under Article 212 of the Revised Penal Code, as amended;

Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the Revised Penal Code, as amended;

Malversation of Public Funds and Property under Articles 217 and 222 of the Revised Penal Code, as amended;

Forgeries and Counterfeiting under Articles 163, 166, l67, 168, 169 and 176 of the Revised Penal Code, as amended;

Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003;

Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise known as the Revised Forestry Code of the Philippines, as amended;

Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998;

Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995;

Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act;

Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves and Cave Resources Management Protection Act;

Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002, as amended;

Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives;

Violation of Presidential Decree No. 1612, otherwise known as the Anti-Fencing Law;

Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022;

Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines;

Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti-Photo and Video Voyeurism Act of 2009;

Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti-Child Pornography Act of 2009;

Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination;

Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000; and

Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.

36
Q

How is money laundering committed?

A

SECTION 4
ML is committed by any person who, KNOWING that any monetary instrument or property (MIP) [rir] represents, involves, relates to the PROCEEDS of any unlawful activity: (defined in sec 3i):

a. TRANSACTS said MIP

b. [ctdmapu] converts, transfers, dispose of, move, acquires, possess, or uses MIP

c. CONCEALS or DISGUISES the true nature, source, location, disposition, movement, or ownership of or rights with respect to the said MIP

d.ATTEMPTS TO CONSPIRE TO COMMIT ML referred in par. (a,b,c)

e. AIDS, ABETS, ASSISTS IN or COUNSELS the commission of the ML in par. (abc)

f. PERFORMS or FAILS TO PERFORM any act which RESULT to the facilitation of the offense in par. (abc)

  • ML is also committed by any COVERED PERSON
37
Q

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. Pedro is guilty of money laundering, while the BSP is liable for not reporting the suspicious activity.

What are the crimes committed

A

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.

38
Q

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

A

Provided in Sec. 11 of the BDSL on Authority to Inquire into Bank Deposits,

the AMLC may INQUIRE into or EXAMINE any particular deposit or investment with any banking institution [or] non-bank financial institution

upon order of any competent court in cases of violation of this Act when it has been established that there is probable cause that the deposits or investments involved are in any way related to a money laundering offense.

Provided, that this provision SHALL NOT apply to deposits and investments made prior to the effectivity of this Act.

[EXC]
but reporting Covered transactions to the AMLC covered institutions & their officers etc. SHALL NOT BE DEEMED TO HAVE VIOLATED (sec. 11 of BDSL)

but are PROHIBITED from communicating in/directly to any person the fact a covered transaction report was made. if violated, then are criminally liable

39
Q

Anti-Plunder Act

A

RA 7080 (amn. 7659)

40
Q

what is plunder?

A

any PO who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associate, subordinates, or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination of series of OVERT criminal acts as described in sec 1(d) hereof in the aggregate amount or total value of AT LEAST 50mil shall be guilty of the crime of plunder

41
Q

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

A

SECTION 1(d)

  1. thru [mcmmr] misappropriation, conversion, misuse, malversation of public funds, or raids on the public treasury
  2. 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
  3. by illegal or fraudulent conveyance or disposition of ASSETS belonging to the National Gov’t [or] any of its subdivisions, agencies, or instrumentalities or GOCC & their subsidiaries.
  4. by [ora] obtaining, receiving, or accepting in/directly any [seip] shares of stock, equity, interest, [or] participation including the promise of future employment in any business enterprise or undertaking
  5. by ESTABLISHING [cia] commercial, industrial, agricultural MONOPOLIES [or] other combinations and/or IMPLEMENTATION of DECREES & ORDERS [INTENDED] to benefit particular persons or special interests
  6. TAKING UNDUE ADVANTAGE of [oarci] official position, authority, relationship, connection or influence TO UNJUSTLY ENRICH HIMSELF or themselves at the expense & to the damage & prejudice to the FILIPINO PEOPLE & Repub of the Phil
42
Q

What is the rule of evidence under this law?

A

it SHALL NOT be necessary to prove each & every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a PATTERN OF OVERT or CRIMINAL ACTS indicative of the overall unlawful scheme or conspiracy

43
Q

When may a PERSON (not PO) be held accountable under this law?

A

a person may be held accountable by:
- CONNIVING with the PRINCIPAL Co-accused [or]
- PARTICIPATING in the commission of “an offense” CONTRIBUTING to the crime of plunder

44
Q

How is the term “in connivance” to be construed?

A

AGREEMENT/CONSENT to commit an unlawful act, or deed with

To connive being to cooperate secretly or privily with another

45
Q

Is plunder malum in se or malum prohibitum?

A

PLUNDER IS MALA IN SE

Mala in se requires criminal intent and the CONSTITUTIVE CRIMES of Plunder are mala in se.

thus, the element of mens rea must be proven in the prosesution for plunder

note
mens rea - criminal intent

46
Q

What are the elements of mens rea to be proven in a prosecution for plunder?

A

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

gpt
and - direct involvement (sec 1d)
or - indirect involvement

47
Q

[A] How should “combination” be understood?

[B] series

[C] pattern

A

[A]
**AT LEAST (2) TWO ACTS falling under different categories of enumeration in Sec 1(d)
- Sec 1 (d1), (d2), (d3)

[B]
(2) or more overt/criminal acts of the same category
- Sec 1 (d1 - act 1, 2, 3)

[C]
sec 4 in relation of sec 1(d) & sec 2 of Plunder Law

48
Q

[A]
prescriptive period of plunder

[B]
Right of the State to recover unlawfully acquired properties prescribe?

A

[A]
Crime of plunder shall prescribe in 20 years

[B}
No, nor shall it be barred by prescription, laches, or estoppel

Criminal Law II (36 decks)

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