SECTION 1. Hereafter, in imposing a prison sentence for an offense punished by acts of the Philippine Legislature, otherwise than by the Revised Penal Code, the court shall order the accused to be imprisoned for a minimum term, which shall not be less than the minimum term of imprisonment provided by law for the offense,…
Majority Opinion: Ynares-Santiago, J. • The antecedents, as found by the appellate court, are as follows: From September 2001 to January 2002, accused Rosemarie “Baby” Robles, Bernadette Miranda, Nenita Catacotan and Jojo Resco and appellant Beth Temporada, all employees of the Alternative Travel and Tours Corporation (ATTC), recruited and promised overseas employment, for a fee,…
1. Concept and legal basis a. Legal basis Presidential Decree No. 532 is known as the Anti-Piracy and Anti-Highway Robbery Law of 1974 (P.D. 532). 2. Crimes Under P.D. 532, the following are the crimes: 1) Piracy; and 2) Highway robbery / Brigandage. NB: Aiding pirates or highway robbers/brigands, or abetting piracy or highway robbery/brigandage…
1. Crime Swindling by a syndicate: Swindling (estafa) by syndicate is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative,…
“Children” – refers to a person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; (Section 3[a], R.A. 7610, Special Protection of Children Against Abuse, Exploitation, and…
“Body building” – refers to a job undertaken on a motor vehicle in order to replace its entire body with a new body. (Section 2[a], R.A. 10883, New Anti-Carnapping Act of 2016) “Defacing or tampering with a serial number” – refers to the altering, changing, erasing, replacing or scratching of the original factory inscribed serial…
“Access” – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. (Section 3[a], R.A. No. 10175, Cybercrime Prevention Act of 2012) “Alteration” – refers to the modification or change, in form or substance, of an existing computer data…
1. Crimes a. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals 1st Mode 1) Any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of…
“Credit” – refers to an arrangement or understanding with the bank for the payment of such check. (Section 4, B.P. 22) 1. Crime a. Bouncing check 1st Mode (Insufficient funds) – Elements: 1) The making, drawing, and issuance of any check to apply for account or for value; 2) The knowledge of the maker, drawer,…
1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device…