University of San Jose-Recoletos

School of Law
nd
2 Semester, SY 2023-2024

SPECIAL PENAL LAW

By: City Prosecutor Liceria S. Lofranco-Rabillas

COURSE SYLLABUS

I. COURSE DESCRIPTION AND OBJECTIVES

The course will help the students know the felonies punishable under Special
Penal Laws as well as the penalties imposable for each felony with the following
objectives, to wit:

1. To know the specific felonies penalized under Special Penal Laws.

2. To understand their nature and characteristics.
3. To know the elements of each felony as described therein with their
corresponding penalties.
4. To equip the students with knowledge as to who are liable for each felony,
when are they liable, why are they liable or how are they liable.

Upon completion of this course, students are expected to:

• To know the specific felonies penalized under the Special Penal Laws.
• To know the respective elements of each felony as described therein.
• To know the corresponding penalty for each felony.

Methodology

The course will be taught through synchronous (lectures, class recitation) and
asynchronous (research, commentaries, case digest etc). The students will be
given also practical exams on the lectures as well as cases that will be assigned.

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 1. Anti-Piracy and Anti-Highway Robbery (PD 532)

i. Who are liable?

ii. Definition of Terms
iii. Punishable Acts
iv. Article 122 of the RPC vs. PD 532
v. Penalty

Cases:

1. People vs. Maximo Dela Peña, G. R. No. 219581, January 31, 2018

2. Anti-Hijacking Law (PD 6235)

i. Who are liable?

ii. Definition of Terms
iii. Punishable acts

Cases:

3. Anti-Terrorism Act of 2020 (RA 11479)

i. Who are liable?

ii. Definition of Terms
iii. Punishable acts of Terrorism
iv. Period of detention
v. Absorption principle in relation to complex crimes
vi. Comparison of the repealed RA 9372 (Human Security
Act of 2007)

4. Comprehensive Law on Firearms and Ammunition (RA 10591)

i. Who are liable?

ii. Definition of Terms
iii. Punishable acts
iv. Penalty

Cases:

1. People vs. Herofil Olarte y Namuag, G.R. No. 233209, March 11, 2019

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 5. Anti-Torture Act of 2007 (RA 9745)
i. Who are liable?
ii. Punishable Acts

6. Anti-Money Money Laundering Act (RA 9194 as amended by RA

11521)

i. Who are liable?

ii. Definition of Terms
iii. Punishable Acts
iv. Covered Transactions
v. Suspicious Transactions

Cases:

1. Republic of the Philippines, represented by the Anti-Money Laundering

Council vs. Glasgow Credit and Collection Services, Inc. and Citystate
Savings Bank, Inc., G.R. No. 170281, 18 January 2008

7. Anti-Plunder (RA 7080 as amended)

i. Definition of Terms
ii. Ill-Gotten Wealth
iii. Series/Combination
iv. Pattern

Cases:

1. Janet Lim Napoles vs. Sandignabayan, G.R. No. 224162, November 7,

2017
2. Estrada vs. Sandiganbayan, G.R. No. 148560, November 19, 2001
3. Gloria Macapagal Arroyo vs. Sandiganbayan, G.R. No. 220598, April
18, 2017

8. The Comprehensive Dangerous Drugs Act of 2002 (RA 9165) as

amended by RA 10640

i. Punishable Acts
ii. Who are liable?

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 iii. Attempt or Conspiracy, effect on liability
iv. Witnesses, Marking, Custody and disposition of confiscated,
seized and/or surrendered drugs (Sec. 21)

Cases:

1. People vs Ariel Escasura y Aloria, G.R. No. 255947, March 28, 2022
2. People vs Ewin Reafor y Comprado, GR 247575, November 16, 2020
3. Estipona vs Lobrigo, G.R. No 226679, August 15, 2017

9. Anti-Gambling Act (PD 1602 as amended by RA 9287- Illegal

Number Games which repealed Articles 195-199 of the RPC)

i. Punishable Acts

Cases:

10. Anti-Trafficking in Persons Act of 2003 (RA 9208 as amended by

RA 10364)

i. Punishable Acts
ii. Qualified Trafficking
iii. Extra-Territoriality
iv. Confidentiality

Cases:

1. People vs Shirley A. Casio, G.R. No. 211465, December 3, 2014

11. Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)

i. Punishable Acts

Cases:

12. Anti-Violence Against Women and Their Children Act of 2005 (RA
9262)

ii. Punishable Acts

iii. Conspiracy

Cases:

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 1. Ricky Dinamling vs. People of the Philippines, G.R. No. 199522, June
22, 2015
2. Araza vs. People of the Philippines G.R. No. 247429. September 8,
2020

iv. Section 5(i) or Section 5(e)

3. Christian Pantonial Acharon vs. People of the Phils. G.R. No. 224946
November 9, 2021

13. Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and

Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act.
(REPUBLIC ACT NO. 11930, July 30, 2022 repealing the Anti-Child
Pornography Act of 2009 or RA 9775)

i. Definition of Terms
ii. Unlawful or Punishable Acts

Cases:

14. Anti-Sexual Harassment Law (RA 7877)

i. Punishable Acts
ii. Gravamen

Cases:

15. Special Protection of Children Against Child Abuse, Exploitation

and Discrimination (RA 7610 as amended)

i. Coverage
ii. Child Prostitution, Punishable Acts
iii. Child Trafficking, Punishable Acts

Cases:

1. Asela Briñas y Del Fierro vs People, G.R. No. 254005

2. Araneta vs People, G.R. No. 174205, June 27, 2008, 556 SCRA
323,332
3. Virginia Jabalde y Jamandron vs. People of the Philippines, G.R. No.
195224, June 15, 2016
4. People vs Francisco Ejercito, G.R. No. 229861 (July 2, 2018)
5. Bongalon vs People, G.R. No. 169533, March 20, 2013

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 16. Juvenile Justice and Welfare Act of 2006 (RA 9344 as amended by
RA 10630). Read in relation with the Child and Youth Welfare Code (PD
603 as amended)

i. Age of Criminal Responsibility

ii. Discernment
iii. Crimes no longer applicable to CICL

Cases:

17. RA 11313 Safe Spaces Act (Bawal Bastos Law)

(Covers all forms of gender-based sexual harassment (GBSH)
committed in public spaces, educational or training institutions,
workplace, as well as online space.)

18. Anti-Graft and Corrupt Practices Act (RA 3015 as amended)

i. Coverage
ii. Punishable Acts
iii. Exceptions

Cases:

1. Corazon Lacap vs. Sandiganbayan, G.R. No. 198162, June 21, 2017
(Sec. 3(f) RA 3019)
2. Serana vs Sandiganbayan, G.R. No. 162059, January 22, 2008
3. Roberto Fuentes vs. People of the Philippines, G.R. No. 186421, April
17, 2017 (Sec. 3(e) RA 3019)
4. Morales vs. CA and Binay, Jr., G.R. No. 217126-27, November 10,
2015 (abandonment of the condonation doctrine)

19. The Cybercrime Prevention Act of 2012 (RA 10175)

i. Punishable Acts
ii. Jurisdiction
iii. Libel under RPC

Cases:

1. In Disini, Jr. et.al. vs. The Secretary of Justice, et al. G.R. No. 203335,
February 11, 2014
2. Bonifacio vs RTC of Makati, G.R. No. 184800, May 5, 2010
(jurisdiction)

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 20. Data Privacy Act of 2012 (RA 10173)

i. Punishable Acts

Case:

1. Cecilia Zulueta vs CA, G.R. No. 107383, 1996-02-20

21. Anti-Hazing Law (RA 8049 as amended by RA 11053)

i. Definition of Terms
ii. Allowed Initiation rites
iii. Who are liable?
iv. Punishable Acts

Cases:

22. Anti-Wire Tapping Act (RA 4200)

i. Punishable Acts
ii. Exceptions

Cases:

Ramirez vs. Court of Appeals, G.R. No. 93833, September 28, 1995

23. Anti-Fencing Law (PD 1612) and its Implementing Rules and
Regulations

i. Definition
ii. Presumption of fencing
iii. Exception – with clearance or permit to sell

Cases:

1. Dizon-Pamintuan vs People, GR No. 111426

2. Dunlao Jr. vs CA, 260 SCRA 788
3. Lim vs People, 806 SCRA 1
4. Tan vs People 313 SCRA 220
5. Dela Torre vs COMELEC, 258 SCRA
6. Dimat vs People, 664 SCRA 220

24. Bouncing Checks Law (BP Blg. 22). Read RA 10951 as to penalties.

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 i. Punishable Acts
ii. Evidence of knowledge of insufficient funds
iii. Penalty

Cases:

1. Jorge B. Navarra vs. People of the Philippines, G.R. No. 203750, June
06, 2016
2. Robert Chua vs. People of the Philippines, G.R. No. 196853, July 13,
2015
3. RUTH D. BAUTISTA vs. COURT OF APPEALS, OFFICE OF THE
REGIONAL STATE PROSECUTOR, REGION IV, and SUSAN
ALOÑA, G.R. No. 143375, July 6, 2001

4. Svendsen vs People, GR 175381, February 26, 2008

25. New Anti-Carnapping Act (RA 10883)

i. Registration
ii. Punishable Acts

Cases:
1. People vs Bustinera, G.R. No. 148233, June 8, 2004
2. People vs Tan, 323 SCRA 30 (January 21, 2000)
3. People vs Lobitania, 388 SCRA 417 (September 5, 2002)
4. Chua vs CA, G.R. No. 79021, May 17, 1993
5. People vs Mallari, G.R. No. 179041, April 1, 2013

iii. Who are liable?

a. Duty of Collector of Customs
b. Duty of importers, distributors and sellers
c. Clearance and Permit

Cases:

1. People vs. Asamuddin, G.R. No. 213913, September 2, 2015

26. Anti-Arson Law (PD 1613)

i. Punishable Acts

Cases:

1. People vs Baluntong, GR No. 182061, March 15, 2010

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 27. Obstruction of Justice (PD 1829)

i. Punishable Acts

Cases:

1. Posadas vs Ombudsman (G.R. 131492, September 29, 2000)

2. Enrile vs Amin (G.R. 93335, September 13, 1990)

28. Swindling by Syndicate (PD 1689)

Cases:

1. Belita et al. vs Sy et. al. G.R. 191087

2. People vs Balasa, GR NOS. 106357 AND 108601-02,
September 3, 1998
3. Home Development Mutual Fund Pag-ibig Fund vs Sagun,
G.R. No. 205698, July 31, 2018
4. People vs Mateo, GR 210612, October 9, 2017

29. Anti-Electricity and Electric Transmission

Lines/Materials Act of 1994

30. Fisheries Code (RA 8550 as amended by RA 10654)

Cases:

Sea Lion Fishing Corp. vs People1726

Leynes vs People of the Philippines, G.R. No. 224804