ELEMENTS OF THE UNLAWFUL ACTS
Unlawful Act
Elements
Kidnap for ransom
(i) the accused was a private person;
(ii) he kidnapped or detained, or in any manner
deprived another of his or her liberty;
(iii) the kidnapping or detention was illegal; and
(iv) the victim was kidnapped or detained for ransom.
Dangerous Drugs Act
(Sections 4-16 except 7)
(1) possession or control by the accused of any
equipment, apparatus or other paraphernalia fit or
intended for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous drug
into the body; and
(2) such possession is not authorized by law.
Anti-Graft and Corrupt Practices
Act
(a) Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or
offense.
(b) Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or
transaction between the Government and any other
part, wherein the public officer in his official capacity
has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for
himself or for another, from any person for whom the
public officer, in any manner or capacity, has secured
or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given or
to be given, without prejudice to Section thirteen of this
Act.
(d) 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 within one year after its termination.
(e) Causing any undue injury to any party, including the
Government, or giving any private party any
unwarranted benefits, advantage or preference in the
discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or
government corporations charged with the grant of
licenses or permits or other concessions.
(f) 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.
(g) 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.
(h) 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.
(i) 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 transaction
or acts by the board, panel or group to which they
belong.
(j) 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.
(k) 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.
Plunder
1. That the offender is a public officer who acts by
himself or in connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons;
2. That he amassed, accumulated or acquired ill-gotten
wealth through a combination or series of the following
overt or criminal acts:
(a) through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
treasury;
(b) by receiving, directly or indirectly, any commission,
gift, share, percentage, kickback or any other form of
pecuniary benefits from any person and/or entity in
connection with any government contract or project or
by reason of the office or position of the public officer;
(c) by the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities of Government owned or controlled
corporations or their subsidiaries;
(d) by obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other form
of interest or participation including the promise of
future employment in any business enterprise or
undertaking;
(e) by establishing agricultural, industrial or commercial
monopolies or other combinations and/or
implementation of decrees and orders intended to
benefit particular persons or special interests; or
(f) by taking advantage of official position, authority,
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the
Republic of the Philippines; and,
3. That the aggregate amount or total value of the
ill-gotten wealth amassed, accumulated or acquired is
at least P50,000,000.00.
Robbery
(1) that there is taking of personal property;
(2) the personal property belongs to another;
(3) the taking is with animus lucrandi; and
(4) the taking is with violence against or intimidation of
persons or force upon things
Jueteng and Masiao
b) Jueteng. - An illegal numbers game that
involves the combination of thirty-seven (37)
numbers against thirty-seven (37) numbers from
number one (1) to thirty seven (37) or the
combination of thirty-eight (38) numbers in some
areas, serving as a form of local lottery where bets
are placed and accepted per combination, and its
variants.
c) Masiao. - An illegal numbers game where the
winning combination is derived from the results of
the last game of Jai Alai or the Special Llave
portion or any result thereof based on any fictitious
Jai Alai game consisting of ten (10) players pitted
against one another, and its variants.
Piracy on the High Seas
1. A vessel is on the high seas or Philippine waters;
2. Offenders – not members of its complement nor
passengers of the vessel; and
3. That the offenders –
a. attack or seize vessel (if committed by crew
or passengers, the crime is not piracy but
robbery in the high seas), or
b. seize whole or part of vessel’s cargo,
equipment, or personal belongings of its
complement or passengers.
Qualified Theft
(1) the theft is committed by a domestic servant;
(2) the theft is committed with grave abuse of
confidence;
(3) the property stolen is either a motor vehicle,
mail matter or large cattle;
(4) the property stolen consists of coconuts taken
from the premises of a plantation;
(5) the property stolen is fish taken from a
fishpond or fishery; and
(6) the property was taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil
disturbance.
Swindling and Other Forms of
Swindling
For a successful prosecution of the crime of swindling
under Article 316, paragraph 1 of the Revised Penal
Code, the following essential elements of this crime
must be established:
(1) that the thing be immovable, such as a parcel of
land or a building;
(2) that the offender who is not the owner of said
property should represent that he is the owner thereof;
(3) that the offender should have executed an act of
ownership, e.g., selling, leasing, encumbering, or
mortgaging the property; and
(4) that the act be made to the prejudice of the owner
or a third person.
The elements of other forms of swindling under Article
316, paragraph 2 of the Revised Penal Code are as
follows:
(1) that the thing disposed of be real property;
(2) that the offender knew that the real property was
encumbered, whether the encumbrance is recorded or
not;
(3) that there must be express representation by the
offender that the real property is free from
encumbrance; and
(4) that the act of disposing of the real property be
made to the damage of another
Smuggling under the Tariff and
Customs Code of the Philippines
Unlawful Importation. Any person who shall
fraudulently import or bring into the Philippines, or
assist in so doing, any article, contrary to law, or shall
receive, conceal, buy, sell, or in any manner facilitate
the transportation, concealment, or sale of such article
after importation, knowing the same to have been
imported contrary to law, shall be guilty of smuggling
Violations under the Electronic
Commerce Act of 2000
a) Hacking or cracking which refers to unauthorized
access into or interference in a computer
system/server or information and communication
system; or any access in order to corrupt, alter, steal,
or destroy using a computer or other similar
information and communication devices, without the
knowledge and consent of the owner of the computer
or information and communication system, including
the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft
or loss of electronic data messages or electronic
documents
b) Piracy or the unauthorized copying, reproduction,
dissemination, distribution, importation, use, removal,
alteration, substitution, modification, storage,
uploading, downloading, communication, making
available to the public, or broadcasting of protected
material, electronic signature or copyrighted works
including legally protected sound recordings or
phonograms or information material on protected
works, through the use of telecommunication networks,
such as, but not limited to, the internet, in a manner
that infringes intellectual property rights
Hijacking and other violations
under the Anti-Hijacking Law,
Destructive Arson; and Murder
Terrorism and Conspiracy to
Commit Terrorism
3 acts of Hijacking
a. Changing the course or destination of a Philippine
aircraft while in flight
– OR to take control of the aircraft while it is "in
flight"—i.e., when its doors are closed after all
passengers have boarded and ends when the doors
are opened for disembarking
b. Compelling a foreign aircraft to land in the
Philippines
– OR seizing control of it while it's in Philippine territory
c. Loading,
– shipping
– OR carrying
– explosive, flammable, corrosive or poisonous
substances in a passenger aircraft
– within the Philippines
• Aircraft companies are authorized to open and
inspect suspicious-looking packages
– in the presence of their owner (or his representative.
– If the owner or his representative refuses, he will be
denied boarding/loading.
Financing of Terrorism under the
Terrorism Financing Prevention
and Suppression Act of 2012
Bribery and Corruption of Public
Officers
Terrorist financing involves the solicitation, collection or
provision of funds with the intention that they may be
used to support terrorist acts or organizations. Funds
may stem from both legal and illicit sources. More
precisely, according to the International Convention for
the Suppression of the Financing of Terrorism, a
person commits the crime of financing of terrorism "if
that person by any means, directly or indirectly,
unlawfully and willfully, provides or collects funds with
the intention that they should be used or in the
knowledge that they are to be used, in full or in part, in
order to carry out" an offense within the scope of the
Convention.
The primary goal of individuals or entities involved in
the financing of terrorism is therefore not necessarily to
conceal the sources of the money but to conceal both
the financing and the nature of the financed activity
Direct Bribery:
1. That the accused is a public officer
2. That he received directly or through another,
some gift or present, offer or promise
3. That such gift, present offer or promise has been
given in consideration of his commission of some
crime, or any act not consisting a crime, or to refrain
from doing something which it is his official duty to
do
4. That the crime or act relates to the exercise of his
functions as a public officer
Frauds and Illegal Exactions and
Transactions
Elements of fraud against public treasury
1. Offender is a public officer;
2. He should have taken advantage of his office, that
is, he intervened in the transaction in his official
capacity;
3. He entered into an agreement with any interested
party or speculator or made use of any other scheme
with regard to:
a. Furnishing supplies
b. The making of contracts or
c. The adjustment or settlement of accounts relating to
public property or funds; and
4. Accused had intent to defraud the Government.
Malversation of Public Funds and
Property
Forgeries and Counterfeiting
Thus, the elements of forgery are:
●
False making – The person must have taken
paper and ink and created a false document
from scratch. Forgery is limited to documents.
“Writing” includes anything handwritten,
typewritten, computer-generated, printed, or
engraved.
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Material alteration – The person must have
taken a genuine document and changed it in
some significant way. It is intended to cover
situations involving false signatures or
improperly filling in blanks on a form.
●
Ability to defraud – The document or writing has
to look genuine enough to qualify as having the
apparent ability to fool most people.
●
Legal efficacy – The document or writing has to
have some legal significance affecting another
person’s right to something. A writing of social
significance cannot be the subject of forgery.
●
Intent to defraud – The specific state of mind for
forgery does not require intent to steal, only
intent to fool people. The person must have
intended that other people regard something
false as genuine. A forgery is complete upon
having created such a document with this
requisite intent.
Counterfeiting
Violations of Sections 4 to 6 of
the Anti Trafficking in Persons
Act of 2003
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act
No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the
purpose
of
prostitution,
pornography,
sexual
exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
(c) When the crime is committed by a syndicate, or in
large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another.
It is deemed committed in large scale if committed
against three (3) or more persons, individually or as a
group;
(d) When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law
enforcement agencies; and
(g) When by reason or on occasion of the act of
trafficking in persons, the offended party dies, becomes
insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune
Deficiency Syndrome (AIDS).
Violations of Sections 86 to 106 of
Chapter IV of the Philippine
Fisheries Code of 1998
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Unauthorized fishing
Engaging in unauthorized fisheries
activities
Failure to secure fishing permit prior to
engaging in distant water fishing
Unreported Fishing
Unregulated Fishing
Poaching in PH waters
Fishing through Explosives, Noxious or
Poisonous Substance, or Electricity
Use of fine mesh net
Fishing in overexploited fishery management
areas
Use of active gear in municipal Waters, Bays
and Other Fishery Management Areas.
Ban on Coral Exploitation and Exportation
Ban on Muro-ami, Other Methods and Gear
Destructive to Coral Reefs and Other Marine
Habitat.
Illegal Use of Superlights or Fishing Light
Attractor.
Conversion of Mangroves
Fishing During Closed Season
Fishing in Marine Protected Areas, Fishery
Reserves, Refuge and Sanctuaries.
Fishing or Taking of Rare, Threatened or
Endangered Species.
Capture of Sabalo and Other
Breeders/Spawners
Exportation of Breeders, Spawners, Eggs or
Fry.
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Violations of the Philippine
Mining Act of 1995
Importation or Exportation of Fish or Fishery
Species.
Violation of Harvest Control Rules
Aquatic Pollution.
Failure to Comply with Minimum Safety
Standards.
ailure to Submit a Yearly Report on All
Fishponds, Fish Pens and Fish Cages.
Gathering and Marketing of Shell Fishes or
Other Aquatic Species.
Obstruction to Navigation or Flow or Ebb of
Tide in any Stream, River, Lake or Bay.
Noncompliance with Good Aquaculture
Practices
Commercial Fishing Vessel Operators
Employing Unlicensed Fisherfolk, Fishworker
or Crew.
Obstruction of Defined Migration Paths.
Obstruction to Fishery Law Enforcement
Officer.
Noncompliance with Fisheries Observer
Coverage.
Noncompliance with Port State Measures
Failure to Comply with Rules and Regulations
on Conservation and Management Measures.
Noncompliance with Vessel Monitoring
Measures.
Constructing, Importing or Converting Fishing
Vessels or Gears Without Permit from the
Department.
Falsifying, Concealing or Tampering with
Vessel Markings, Identity or Registration
Use of Unlicensed Gear.
Concealing, Tampering or Disposing of
Evidence Relating to an Investigation of a
Violation.
Noncompliance with the Requirements for the
Introduction of Foreign or Exotic Aquatic
Species.
Failure to Comply with Standards and
Trade-Related Measures.
Possessing, Dealing in or Disposing Illegally
Caught or Taken Fish.
Unauthorized Disclosure of Sensitive
Technical Information.
GROUND FOR CANCELLATION, REVOCATION, AND
TERMINATION
SEC. 95. Late or Non-filing of Requirements. - Failure of the
permittee or contractor to comply with any of the requirements
provided in this Act or in its implementing rules and
regulations, without a valid reason, shall be sufficient ground
for the suspension of any permit or agreement provided under
this Act.
SEC. 96. Violation of the Terms and Conditions of Permits or
Agreements. - Violation of the terms and conditions of the
permits or agreements shall be a sufficient ground for
cancellation of the same.
SEC. 97. Non-payment of Taxes and Fees. - Failure to pay the
taxes and fees due the Government for two (2) consecutive
years shall cause the cancellation of the exploration permit,
mineral agreement, financial or technical assistance
agreement and other agreements and the re-opening of the
area subject thereof to new applicants.
SEC. 98. Suspension or Cancellation of Tax Incentives and
Credits. - Failure to abide by the terms and conditions of tax
incentives and credits shall cause the suspension or
cancellation of said incentives and credits.
SEC. 99. Falsehood or Omission of Facts in the Statement. -All
statements made in the exploration permit, mining agreement
and financial or technical assistance agreement shall be
considered as conditions and essential parts thereof and any
falsehood in said statements or omission of facts therein
which may alter, change or affect substantially the facts set
forth in said statements may cause the revocation and
termination of the exploration permit, mining agreement and
financial or technical assistance agreement.
CHAPTER XVIII
ORGANIZATIONAL AND INSTITUTIONAL ARRANGEMENTS
SEC. 101. False Statements. - Any person who knowingly
presents any false application, declaration, or evidence to the
Government or publishes or causes to be published any
prospectus or other information containing any false
statement relating to mines, mining operations or mineral
agreements, financial or technical assistance agreements and
permits shall, upon conviction, be penalized by a fine of not
exceeding Ten thousand pesos (P10,000.00).
SEC. 102. Illegal Exploration. - Any person undertaking
exploration work without the necessary exploration permit
shall, upon conviction, be penalized by a fine of not exceeding
Fifty thousand pesos (P50,000.00) .
SEC. 103. Theft of Minerals. - Any person extracting minerals
and disposing the same without a mining agreement, lease,
permit, license, or steals minerals or ores or the products
thereof from mines or mills or processing plants shall, upon
conviction, be imprisoned from six (6) months to six (6) years
or pay a fine from Ten thousand pesos (P10,000.00) to Twenty
thousand pesos (P20,000 . 00), or both, at the discretion of the
appropriate court. In addition, he shall be liable to pay
damages and compensation for the minerals removed,
extracted, and disposed of. In the case of associations,
partnerships, or corporations, the president and each of the
directors thereof shall be responsible for the acts committed
by such association, corporation, or partnership.
SEC. 104. Destruction of Mining Structures. - Any person who
wilfully destroys or damages structures in or on the mining
area or on the mill sites shall, upon conviction, be imprisoned
for a period not to exceed five (5) years and shall, in addition,
pay compensation for the damages which may have been
caused thereby.
SEC. 105. Mines Arson. - Any person who wilfully sets fire to
any mineral stockpile, mine or workings, fittings or a mine,
shall be guilty of arson and shall be punished, upon
conviction, by the appropriate court in accordance with the
provisions of the Revised Penal Code and shall, in addition,
pay compensation for the damages caused thereby.
SEC. 106. Wilfull Damage to a Mine. - Any person who wilfully
damages a mine, unlawfully causes water to run into a mine,
or obstructs any shaft or passage to a mine, or Tenders
useless, damages or destroys any machine, appliance,
apparatus, rope, chain, tackle, or any other things used in a
mine, shall be punished, upon conviction, by the appropriate
court, by imprisonment not exceeding a period of five (5) years
and shall, in addition, pay compensation for the damages
caused thereby.
SEC. 107. Illegal Obstruction to Permittees or Contractors. Any person who, without justifiable cause, prevents or
obstructs the holder of any permit, agreement or lease from
undertaking his mining operations shall be punished, upon
conviction by the appropriate court, by a fine not exceeding
Five thousand pesos (P5,000.00) or imprisonment not
exceeding one (1) year, or both, at the discretion of the court.
SEC. 108. Violation of the Terms and Conditions of the
Environmental Compliance Certificate. - Any person who
wilfully violates or grossly neglects to abide by the terms and
conditions of the environmental compliance certificate issued
to said person and which causes environmental damage
through pollution shall suffer the penalty of imprisonment of
six (6) months to six (6) years or a fine of Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200, 000.00) ,
or both, at the discretion of the court.
SEC. 109. Illegal Obstruction to Government Officials. -Any
person who illegally prevents or obstructs the Secretary, the
Director or any of their representatives in the performance of
their duties under the provisions of this Act and of the
regulations promulgated hereunder shall be punished, upon
conviction, by the appropriate court, by a fine not exceeding
Five thousand pesos (P15,000.00) or by imprisonment not
exceeding one (1) year, or both, at the discretion of the court.
SEC. 110. Other Violations. - Any other violation of this Act and
its implementing rules and regulations shall constitute an
offense punishable with a fine not exceeding Five thousand
pesos (P5,000.00).
SEC. 111. Fines. - The Secretary is authorized to charge fines
for late or non-submission of reports in accordance with the
implementing rules and regulations of this Act.
Violations of Section 27 ( c ), (e),
(f), (g), and (i) of the Wildlife
Resources Conservation and
Protection Act
(c) effecting any of the following acts in critical
habitat(s):
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the
critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their
by-products and derivatives;
(g) gathering or destroying of active nests, nest trees,
host plants and the like;
(i) transporting of wildlife.
Violations of Section 7 (b) of the
National Caves and Cave
Resources Management
Protection Act
(b) Gathering, collecting, possessing, consuming,
selling, bartering or exchanging or offering for sale
without authority any, cave resource; and
Violation of the Anti-Carnapping
Act of 2002
(i) the taking of a motor vehicle which belongs to
another;
(ii) the taking is without the consent of the owner or by
means of violence against or intimidation of persons or
by using force upon things; and
(iii) the taking is done with intent to gain.
Violations of Sections 1, 3, and 5
of the decree Codifying the Laws
on Illegal/Unlawful Possession,
Manufacture, Dealing In,
Acquisition or Disposition of
Firearms, Ammunition, or
Explosives
Sec. 1. Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or ammunition or
instruments used or intended to be used in the
manufacture of firearms or ammunition
Sec. 3. Unlawful manufacture, sale, acquisition,
disposition or possession of explosives.
Sec. 5. Tampering of firearm's serial number
Violation of the Anti-Fencing Law
(a) a crime of robbery or theft has been committed;
(b) the accused, who is not a principal or an
accomplice in the commission of the crime of robbery
or theft, buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells, or in any
manner deals in any article, item, object or anything of
value, which has been derived from the proceeds of
the crime of robbery or theft;
(c) the accused knew or should have known that the
said article, item, object or anything of value has been
derived from the proceeds of the crime of robbery or
theft; and
(d) there is, on the part of one accused, intent to gain
for oneself or for another.
Violation of the Migrant Workers
and Overseas Filipinos Act of
1995
Walang elements pero under niya yung Illegal
Recruitment
For purposes of this Act, illegal recruitment shall mean
any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, procuring workers and
includes referring, contact services, promising or
advertising for employment abroad, whether for profit
or not, when undertaken by a non-license or
non-holder of authority contemplated under Article
13(f) of Presidential Decree No. 442, as amended,
otherwise known as the Labor Code of the Philippines.
Provided, that such non-license or non-holder, who, in
any manner, offers or promises for a fee employment
abroad to two or more persons shall be deemed so
engaged
Violation of the Intellectual
Property Code of the Philippines
The term “intellectual property rights” consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated
Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).
Violation of the Anti-Photo and
Video Voyeurism Act of 2009
the specific acts prohibited and punished under the
“Anti-Photo and Video Voyeurism Act of 2009”.
1. To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the private
area of a person/s such as the naked or
undergarment clad genitals, pubic area, buttocks or
female breast without the consent of the person/s
involved and under circumstances in which the
person/s has/have a reasonable expectation of
privacy.
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of
sexual act or any similar activity with or without
consideration. It is immaterial if consent to record or
take photo or video coverage of the same was given
by such person/s.
3. To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof. It is immaterial if consent to
record or take photo or video coverage of the same
was given by such person/s.
4. To publish or broadcast, or cause to be published
or broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and
other similar means or device. It is immaterial if
consent to record or take photo or video coverage of
the same was given by such person/s.
Violation of Section 4 of the
Anti-Child Pornography Act of
2009
(1) There is a written, visual, and/or audio material;
(2) The content of the material involves a real or
simulated explicit sexual activity; and
(3) The one engaged in the sexual activity, whether a
natural person, a graphical representation of a person,
or a computer generated image of a person, is a child
or is presented, depicted, or portrayed as a child. In
short, any material that shows a child (natural, or an
adult portrayed as a child, animated or computer
generated) engaging in a real or simulated sexual
activity is considered child pornography.
Violations of Sections 5, 7,8,9,10 (
c ), (d), and (e, 11, 12 and 14 of the
Special Protection of Children
Against Abuse, Exploitation, and
Discrimination
SEC. 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion
or influence of any adult, syndicate or group, indulge in
sexual intercourse or lascivious conduct, are deemed
to be children exploited in prostitution and other sexual
abuse.
SEC. 7. Child Trafficking. - Any person who shall
engage in trading and dealing with children including,
but not limited to, the act of buying and selling of a
child for money, or for any other consideration, or
barter,
SEC. 8. Attempt to Commit Child Trafficking. - There is
an attempt to commit child trafficking under Section 7
of this Act:
(a) When a child travels alone to a foreign country
without valid reason therefor and without clearance
issued by the Department of Social Welfare and
Development or written permit or justification from the
child’s parents or legal guardian;
(b) When a pregnant mother executes an affidavit of
consent for adoption for a consideration;
(c) When a person, agency, establishment or child
caring institution recruits women or couples to bear
children for the purpose of child trafficking; (d) When a
doctor, hospital or clinic official or employee, nurse,
midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding
children among low-income families, hospitals, clinics,
nurseries, day-care centers, or other child-caring
institutions who can be offered for the purpose of child
trafficking.
SEC. 9. Obscene Publications and Indecent Shows. Any person who shall hire, employ, use, persuade,
induce or coerce a child to perform in obscene
exhibitions and indecent shows, whether live or in
video, pose, or model in obscene publications or
pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its
medium period
SEC 10 (c) Any person who shall induce, deliver or
offer a minor to any one prohibited by this Act to keep
or have in his company a minor
(d) Any person, owner, manager or one entrusted with
the operation of any public or private place of
accommodation, whether for occupancy, food drink, or
otherwise, including residential places, who allows any
person to take along with him to such place or places
any minor herein described
(e) Any person who shall use, coerce, force or
intimidate a streetchild or any other child to:
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or
pushing; or
(3) Conduct any illegal activities,
SEC 11 - All establishments and enterprises which
promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and
indecent shows An establishment shall be deemed to
promote or facilitate child prostitution and other sexual
abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse if the acts
constituting the same occur in the premises of said
establishment under this Act or in violation of the
Revised Penal Code, as amended. An enterprise such
as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned act as part of a
tour for foreign tourists; exhibits children in a lewd or
indecent show; provides child masseurs for adults of
the same or opposite sex and said services include
any lascivious conduct with the customer; or solicits
children for activities
SEC. 12. Employment of Children.* - Children below
fifteen (15) years of age may be employed: Provided,
That, the following minimum requirements are present:
(a) The employer shall secure for the child a work
permit from the Department of Labor and Employment;
(b) The employer shall ensure the protection, health,
safety and morals of the child; (c) The employer shall
institute measures to prevent exploitation or
discrimination taking into account the system and level
of remuneration, and the duration and arrangement of
working time; and (d) The employer shall formulate and
implement a continuous program for training and skills
acquisition of the child.
SEC. 14. Prohibition on the Employment of Children in
Certain Advertisements. - No person shall employ child
models in all commercials or advertisements,
promoting alcoholic beverages, intoxicating drinks,
tobacco and its byproducts, and violence.
Fraudulent practices and other
violations under the Securities
Regulation Code of 2000
SRC Rule 26.3 – Fraudulent Transactions [formerly,
SRC Rules 26.3-1 and 26.3-2]
1. Use of Information Obtained in Fiduciary Capacity
A Broker Dealer, associated person or salesman of a
Broker Dealer, a paying agent, transfer agent, trustee,
or any other person acting in a similar fiduciary
capacity, who has received information as to the
ownership of securities, shall not make use of such
information for the purpose of soliciting or making
purchases, sales or exchanges of securities or, except
as provided in SRC Rule 30.2, paragraph 9, provide
such information to any person who does not need
such information to fulfill his responsibilities under the
Code.
2. Prohibited Representations It shall be unlawful for
any:
A. Person to represent that he has been registered as
a securities intermediary with the Commission unless
such person is registered under the Code. Registration
under the Corporation Code shall not be deemed to be
registration under the Code;
B. Broker Dealer to represent that the registration of
the Broker Dealer under the Code, or the failure of the
Commission to deny, suspend, or revoke such
registration, indicates in any way that the Commission
has passed upon or approved the financial standing,
business, or conduct of such Broker Dealer, or the
merits of any security or any transaction/s conducted
thereby;
C. Person to represent that a security is a particular
type of security when such representation is
inconsistent with a stated definition under the Code or
rules or regulations adopted thereunder, or
internationally accepted practice.
D. Person to represent that a security to be sold,
transferred, pledged, mortgaged, encumbered, used
for delivery, or any other purpose to another entity or
itself has been legally authorized by the recorded
owner when such representation is not true and
documented in writing at the time and date it was used.
Felonies or offenses of a nature
similar to the aforementioned
unlawful activities that are
punishable under the penal laws
of other countries
ELEMENTS OF FELONIES:
(e.g. murder, burglary, arson)
1. There must be an act or omission
2. Punishable by law
3. Incurred by means of deceit or fault