Indeterminate Sentence Law, Act No. 4103: Explainer

Indeterminate Sentence Law, Act No. 4103: Explainer

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,…

People v. Temporada (2008)

People v. Temporada (2008)

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,…

Anti-Piracy and Anti-Highway Robbery Law of 1974, PD 532: Explainer

Anti-Piracy and Anti-Highway Robbery Law of 1974, PD 532: Explainer

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…

Qualified theft, A310 Revised Penal Code

Qualified theft, A310 Revised Penal Code

Qualified theft – is the offense of theft qualified by grave of abuse of confidence resulting in a higher penalty. 1. Concept Qualified theft – is the offense of theft qualified by grave of abuse of confidence resulting in a higher penalty. a. Legal basis Article 310. Qualified theft. – The crime of theft shall…

Swindling by Syndicate, PD 1689: Explainer

Swindling by Syndicate, PD 1689: Explainer

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,…

Anti-Carnapping Act, RA 10883: Explainer

Anti-Carnapping Act, RA 10883: Explainer

“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…

Cybercrime Prevention Act of 2012, RA 10175: Explainer

Cybercrime Prevention Act of 2012, RA 10175: Explainer

“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…

Comprehensive Dangerous Drugs Act of 2002, RA 9165: Explainer

Comprehensive Dangerous Drugs Act of 2002, RA 9165: Explainer

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…

Bouncing Checks Law, BP 22: Explainer

Bouncing Checks Law, BP 22: Explainer

“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,…