SPL Module 5 Flashcards
(85 cards)
1
Q
- Comprehensive Firearms and Ammunition Regulation Act (done)
- Dangerous Drugs Act
(done) - Obstruction of Justice (done)
A
- RA 10591
- RA 9165
- PD 1829
2
Q
What are the acts punishable under PD 1829?
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:
3
Q
What are the specific acts punished
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
4
Q
Can you prosecute one for PD 1829 (a) on the means of threats and Grave Threats?
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
5
Q
What are the specific acts punished (b)
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
6
Q
What are the specific acts punished (c)
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.
7
Q
when will an ACCESSORY in a crime be liable as a PRINCIPLE IN ANOTHER CRIME?
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
8
Q
What are the specific acts punished (d)
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)
9
Q
What are the specific acts punished (e)
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.
10
Q
What are the specific acts punished (f)
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
11
Q
What are the specific acts punished (G)
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.
12
Q
What are the specific acts punished (h)
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
13
Q
What are the specific acts punished (i)
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.
14
Q
Differentiate an accessory from a principal in PD 1829
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
15
Q
SKIPPED READING CASES FOR FINALS
A
SKIPPED READING CASES FOR FINALS
16
Q
DANGEROUS DRUGS ACT
A
9165
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
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.
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
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.
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
A
Any person who [prsu] pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act.
20
Q
Define the Ff:
d. Controlled precursor and essential chemicals
e. Sell
f. Trade
g. Deliver
h. Administer
i. Dispense
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
21
Q
Define the Ff:
e. Sell
f. Trade
g. Deliver
h. Administer
i. Dispense
A
any act of giving away any DD and/or CP and EC whether for money or any other consideration.
22
Q
Define the Ff:
f. Trade
g. Deliver
h. Administer
i. Dispense
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.
23
Q
Define the Ff:
g. Deliver
h. Administer
i. Dispense
A
any act of knowingly passing a DD to another, personally, or otherwise, and by any means with or without consideration
24
Q
Define the Ff:
h. Administer
i. Dispense
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
25
Define the Ff:
i. Dispense
Any act of **giving away, selling or distributing medicine or any DD *with or without prescription*
26
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
illegal [*mispatched*]
manufacture
importation
sale
possession
administration
trading, transportation
cultivation, culture
h -
exportation
delivery
if ANY DD and/or CP and EC
27
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
[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
28
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
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
29
Aggravating Circ of pushers
[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
30
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
A placed where any DD.CP.EC is [*adsdsu*] administered, delivered, stored for illegal purposes, distributed, sold or used in any form
31
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
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
32
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
[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.
33
Define the Ff:
p. Laboratory equipment
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence
[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**
34
Define the Ff:
q. Instrument
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence
anything that is **used in** or **intended to be used** in any manner in the COMMISSION of illegal drug trafficking or related offenses
35
Define the Ff:
r. Use
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence
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
36
Define the Ff:
s. Confirmatory test
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence
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
37
Define the Ff:
t. Drug dependence
u. Cultivation and culture
v. Planting of evidence
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
38
Define the Ff:
u. Cultivation and culture
v. Planting of evidence
any act of **knowingly** planting, growing, raising, or **permitting the planting**, growing or raising of any plant **which is the source of a DD**
39
Define the Ff:
v. Planting of evidence
[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
40
What are the )16) acts punishable in 9165?
[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]
**UN**necessary 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
41
which acts have aggravating circumstances that will result to the maximum penalty to be imposed?
4, 5, 6, 8, 10, 12, 16
42
Acts Punishable (Article II)
[a]
Sec 4
**IMPORTATION** of DD.CP.ED
1. 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*
2. shall import any **CP.ED**
*note*
- "unless authorized by law for both"
43
Acts Punishable (Article II)
[b]
Sec 4 aggravating circumstances
1. [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**
2. 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
44
Acts Punishable (Article II)
aggra sec 5
[*stadddt*] of DD.CP.EC
1. transpires **within one hundred (100) meters from the school**.
2. 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.
3. If the **victim of the offense is a minor [or] a mentally incapacitated individual**
4. DD.CP.ED involved in any offense be the **PROXIMATE CAUSE** of death of a victim
*note*
- each aggra imposed in every case
45
Acts Punishable (Article II)
aggra of sec 6
1. any **DD is administered, delivered or sold to a MINIOR who is allowed to use the same in such a place.**
2. any person who organizes, manages or acts as a "financier"
46
Acts Punishable (Article II)
aggra of sec 8
8 = infinity = manufacturing is infinite
- FINANCIER of sec 8
47
Acts Punishable (Article II)
aggra of sec 10
Manufacture or Delivery of EIAoP for
- who uses a **minor or a mentally incapacitated individual to deliver** such EIAoP for DD
48
Acts Punishable (Article II)
aggra of sec 12
**possession** of EIAoP for DD
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**
49
Acts Punishable (Article II)
aggra of sec 16
CoC of plants classified as DD or are sources thereof
- if the land involved is **part** of the public domain
- FINANCIER
50
What is the prima facie evidence relative to Manufacture of DD and/or CP and ED (sec 8)
the presence of **CP & EC or **laboratory equipment in the clandestine laboratory** is *prima facie proof* of MoD of DD
51
what is the *prima facie evidence* of USE of dangerous drugs
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
52
What is the effect of voluntary submission of a drug dependent to confinement, treatment and rehabilitation?
section 55
1. drug dependent user
2. under the **voluntary submission program**
3. finally discharged from **confinement**
4. shall be exempt from criminal liability under section 15 (use of DD)
53
What are the conditions for exemption from liability?
[b] for the unqualified?
[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**
54
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?
[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**
55
Against whom is the revocation of license to practice is directed under this law?
[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
56
Is the Probation Law applicable to violators of RA 9165?
[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**
57
How will attempt or conspiracy to commit the unlawful acts be treated under this law?
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**
58
What are the criminal liabilities of the Public Officers or employees under this law?
[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
59
What is the consequence for planting evidence?
[sec 29]
any person found guilty of planting evidence of any DD.CP.EC, **regardless of quantity & purity** shall suffer the penalty of DEATH
60
STOPPED HERE
STOPPED HERE
61
What are the elements for illegal sale of DD?
in a prosecution for **illegal sale of DD** the ff: must be proved **(Pp v CABADDU**)
1. that the transaction took place
2. that the *corpus delicti* or the **illicit drug** was presented as evidence
3. that the **buyer and seller were identified**
62
Comprehensive Firearms and Ammunition Regulation Act
RA 10591
63
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
refers to a COMPLETE unfired unit consisting of a:
- bullet
- gunpowder
- cartridge case,
- primer or loaded shell
**for use in any firearm**
64
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
[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
65
Define the following:
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
[*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**
66
Define the following:
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
**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
67
Define the following:
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
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
68
Define the following:
f. Loose firearm (plumaro)
g. Permit to carry firearm outside residence
h. Permit to transport firearm
i. Residence
j. Tampered, obliterated or altered firearm
- **UN**registered 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
69
Define the following:
g. Permit to carry firearm outside residence
h. Permit to transport firearm
i. Residence
j. Tampered, obliterated or altered firearm
[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**
70
Define the following:
h. Permit to transport firearm
i. Residence
j. Tampered, obliterated or altered firearm
**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*
71
Define the following:
i. Residence
j. Tampered, obliterated or altered firearm
place or **places** of abode of the licensed citizen **as indicated in his/her license**
72
Define the following:
j. Tampered, obliterated or altered firearm
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**
73
What are the punishable acts under this law and what are the aggravating circumstances?
[ARTICLE V]
1. **Unlawful Acquisition**, [or] **Possession of Firearms and Ammunition** (sec 28)
2. Use of **Loose** firearms in the commission of a crime (sec 29)
3. Absence of Permit to Carry OUTSIDE of a Residence (sec. 31)
4. **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
5. Arms Smuggling (sec. 33)
6. Tampering, Obliteration, or Alteration of **Firearms Identification** (Sec. 34)
7. **Use of an IMITATION Firearm** (Sec. 35)
8. Planting Evidence (Sec. 38)
9. **Failure to NOTIFY LOST or STOLEN firearm** [or] light weapon (sec. 40)
10. **Illegal transfer/Registration of Firearms** (sec. 41)
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[ARTICLE V]
aggravating of sec 28
(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:
1. **loaded w/ ammunition** or inserted w/ **loaded magazine
2. 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;
3. fitted or mounted with **sniper scopes, firearm muffler or silencer**
4. accompanied with an **extra barre**
5. **converted** to be capable of **firing full automatic bursts**
*note*
(a) - **unlawfully acquire or possess** small arm
(c) - " " *Class-A light weapon*
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> sec 29 use of loose firearm in the commission of a crime
X was arrested immediately after killing A. X used a bolo in perpetrating the crime. During the arrest the police found a loose firearm in his person.
Can you charge him for a separate crime of illegal possession of firearm?
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**
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> sec 29 use of loose firearm in the commission of a crime
John, an unlicensed firearm owner, uses his loose firearm to commit robbery. He used the firearm to intimidate the victims.
What should be the charge?
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,
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> sec 29 use of loose firearm in the commission of a crime
in crimes of rebellion, insurrection, or ATTEMPTED coup d'etat
the use of loose firearms is **ABSORBED**
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> sec 29 USE OF LOOSE firearm in the commission of a crime
Josh uses his loose firearm to threaten his neighbor. He is charged with GRAVE THREATS threats, which carries a penalty of imprisonment for less than six years
However, illegal possession of a firearm carries a higher penalty of imprisonment for six years or more.
Can you charge for both?
What will be the proper charge?
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
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> sec 29 USE OF LOOSE firearm in the commission of a crime
Z committed a crime with a penalty that equal to the maximum penalty with **illegal possession** of firearms (sec. 28)
what is the proper conviction?
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.
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sec. 38 on liability for planting of evidence
Juan, planted evidence against Pedro. What is the **imposable penalty**
[b] what will aggravate the crime and its imposable penalty
[a]
*prision mayor* in its MAX period
[b]
- aggravated if offender is a **public officer or employee**
- reclusion perpetua
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> **Illegal transfer/Registration of Firearms** (sec. 41)
It shall be unlawful to transfer possession of any firearm to any person who has not yet obtained or secured the necessary license or permit thereof.
AGGRA
[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**
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What provisions of RA 8294 and PD 1866 remained punishable?
[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.
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How did SC interpret “unless no other crime is committed” in section 1 of RA 8294?
84
How is the word “committed” to be understood?
85
Is the non-representation of buy-bust money fatal to the prosecution of the case?
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**
