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PNPA Online Application

 

pnpa online application

PNPA Online Application


Philippine National Police Academy: Iskolar Para sa Bayan


Online Application ends on October 31, 2020.


Visit: www.pnpa.edu.ph


Date of Examination: November 8, 2020.


Benefits:


1. Full government scholarship with monthly pay and allowances for 4 years.

2. Cadetship program leading to a degree in Bachelor of Science in Public Safety (BDPS).

3. Developing Cadets into God-centered leaders of character to serve our communities as:


a. Chief of Police

b. Fire Marshalls

c. Jail Wardens


You may want to read:

1. How to become a PNPA Cadet?

Is Destierro a Penalty?

On
Is Destierro a Penalty?

Under Article 247 of the Revised Penal Code, is destierro a penalty? Explain.

Suggested Answer:

In the case of People v. Abarca, G.R. No. 74433, September 14, 1987, the Court ruled that Article 247 does not define a
felony. However, it went on to state that the penalty is merely banishment of the accused, intended for his protection. Punishment, therefore, is not inflicted on the accused.

Alternative Answer:

Yes. Article 247 of the Revised Penal Code does not define and provide for a specific crime but grants a privilege or benefit to the accused for the killing of another or the infliction of Serious Physical Injuries. Destierro is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming near that place designated in the sentence, not less than 25 kms. (People v. Araquel, G.R. No. L-12629, December 9, 1959)

Source: UP Law Center (Criminal Bar Examination Q & A)

You may want to read:

What is the Anti-Terrorism Act of 2020?

What is the Anti-Terrorism Act of 2020? 

Republic Act No. 11479

Salient Features:

Any person who shall threaten to commit any of the following acts shall suffer the penalty of 12 years imprisonment.'

1. Engages in acts intended to cause death or serious bodily injury to a person or endangers a person's life.

2. Engages in acts intended to cause damage or destruction to a government/public facility, public place or public property.

3. Engages in acts intended to cause damage or destruction to critical infrastructure.

4. Develops, manufactures, processes, acquires, transports, supplies, or uses weapons, explosives, or of biological, nuclear, and radiological or chemical; weapons.

5. Release of dangerous substances.

6. Proposal to commit terrorist acts

7. Inciting to commit Terrorism.

8. Voluntarily and knowingly join any terrorist organization, proscribed or designated by United Nations Security Council.

9. Being an accessory to a terrorist act.

Any person found guilty of these provisions shall suffer the penalty of life imprisonment without the benefit of parole and the benefit of Republic Act No. 10592.

1. Planning, training, preparing and facilitating the commission of a terrorist act.

2. Attempt or conspiracy to commit a terrorist act.

3. Recruitment to and membership in a terrorist organization.

4. Providing material support to terrorists.

Terrorism shall not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, which are not intended to cause death or serious physical harm to a person, to endanger a person's life, and to create a serious risk to public safety.

Penalty for public official if found guilty of aforesaid acts
1. Shall be charged with administrative offense or grave misconduct/loyalty.
2. Dismissal from service.
3. Cancellation of Civil Service Eligibility.
4. Deprived of retirement benefits.
5. Disqualification from running for any elective or public  office.


Anti-Terrorism Act of 2020 (RA 11479)

Frequent Ask Questions Anti-Terrorism Act of 2020 (RA 11479)

Q: What is terrorism?
   What acts constitute terrorism?

The Anti-Terrorism Act of 2020 or R.A. 11479 defines terrorism and acts that constitute as terrorism to wit: (Sec. 4 to Sec. 12)
1. The engagement to the acts which intends to cause:
a. death or serious bodily injury to any person, or endangers a person's life;
b. extensive damage or destruction to a government or public facility, public place or private property;
c. extensive interference with, damage or destruction to critical infrastructure;


2. Development, manufacturing, possession, acquisition, transportation of supplies or use weapons, explosives or of biological, nuclear, radiological or chemical weapons;

3. The release of substances that causes fire, floods, or explosions;

4. Purpose of such acts' nature and context is to:
a. intimidate the general public or a segment thereof;
b. create an atmosphere or spread a message of fear, to provoke or influence by intimidation the government or any international organization;
c. create a public emergency or seriously undermine public safety.

Other acts or ways considered as committing terrorism (Sec. 5 to Sec.12)
1. Threat to commit terrorism
2. Planning, training, preparing, and facilitating the commission of terrorism
3. Conspiracy to commit terrorism
4. Proposal to commit terrorism
5. Inciting to commit terrorism (e.g. speeches, proclamations, writings, emblems, banners, or other similar manner with the same effect)
6. Recruitment or membership to a terrorist organization
7. Any person who travels to a state other than their state of residence or nationality, or arranges the travels of these individuals knowing their unlawful purpose, for the preparation, planning, participation in terrorism or to provide/receive terrorist training
8. Providing material support to a terrorist individual, group, organization, and/or association

Acts that are not defined as terrorism:
1. Advocacy
2. Protest
3. Dissent
4. Stoppage of Work
5. Industrial or Mass Action
6. Other similar exercises of civil and political rights

Provided that these acts do not intend to cause deathm serious physical harm, endanger a person's life, or puts public safety at risk.

How is one identified as a terrorist?
According to Section 25 of ATA 2020, terrorists are designated/identified by the Anti-Terrorism Council (ATC) through the following conditions:

- Those who fall under the UN Security Council Resolution (UNSCR) No. 1373 list of terrorists, terrorist groups, and those financing terrorists;

- Individuals, groups or organizations that are idenfified by ATC or other jurisdictions as terrorists following the criteria of the UNSCR No. 1373;

- Those designated by ATC upon the finding of probable cause that such individual/group/organization is committing, or attempting to commit or conspiring in the commission of terrorism.

What are the effects of being suspected or identified as a terrorist?

The following can happen to an individual/group designated by the ATC as terrorist/s:

- Sec. 24 par. 4: Assets of identified terrorists will be frozen by the Anti-Money Laundering Council (AMLC)

- Sec. 16: Law enforcement agents may secretly wiretap, overhear and listen to, intercept or record any private communications in whatever form, kind or nature. Moreover, all information relating to the identified terrorist may be demanded from the telecommunications service provider.

- Sec. 29: Law enforcers may take a person suspected of committing terrorism into custody even without judicial warrant of arrest, and detain said person within fourteen (14) days from actual arrest date, extendible up to ten (10) days.

- Sec. 39: Restriction on the Right to Travel

--- If evidence of guilt is not strong, the person in question is entitled to bail with his/her travel capacity limited only within the city/municipality where he/she resides or where the case is pending

--- If evidence of guilt is strong, the Court shall immediately issue an HDO and direct DFA to cancel the passport of the accused.

What are the rights of a person detained as provided under the ATA?

Rights of a person under custodial detention (Sec. 30)

Upon apprehension or arrest of a person charged or suspected of committing terrorism, the following rights are ensured:

a. he/she should be informed of the nature and cause of his/her arrest and to be read his Miranda Rights, to wit:

To remain silent and to have competent and independent counsel preferably of his/her choice. If the person cannot afford the services of counsel of his/her choice, the law enforcement agent or military personnel concerned shall immediately contact the free legal assistance unit of the Public Attorney's Office (PAO) or the Integrated Bar of the Philippines (IBP).

b. should be informed of the cause or causes of his/her detention in the presence of his legal counsel;

c. allowed to communicate freely, at any time, and without restrictions with his/her legal counsel;

d. allowed to communicate freely and privately without restrictions with, and to be visited by, the members of his/her family or nearest relatives; and 

e. allowed freely to avail of the service of a physician or physician of choice.

Protection of Most Vulnerable Groups (Sec. 51)

There shall be due regard for the welfare of the following suspects while under investigation, interrogation or detention:
a. Elderly
b. Pregnant
c. Persons with disability
d. Women and Children

What are the penalties provided under R.A. 11479 or Anti-Terrorism Act of 2020?
 
Life Imprisonment without the benefit of parole and the benefits of R.A. 10592 (e.g. conditional pardon, good conduct allowance etc.)
- Terrorism (Sec. 4)
- Planning, Training, Preparing and Facilitating the Commission of Terrorism (Sec. 6)
- Conspiracy to Commit Terrorism (Sec. 7)
- Recruitment to a Terrorist Organization (Sec. 10 par. 1)
- Traveling, or arranging the travels of these persons knowing their unlawful purpose, outside their state of residence or nationality for the purpose of perpetrating, planning, training, or preparing for or participating in terrorism, or providing or receiving terrorist training (Sec. 11)

Imprisonment of twelve (12) years
- Threat to Commit Terrorism (Sec. 4)
- Proposal to Commit Terrorism (Sec. 8)
- Inciting to Commit Terrorism (Sec. 9)
- Membership to a Terrorist Organization (Sec. 10 par. 3)
- Any person having knowledge and without having direct participation, having participated after the commission of terrorism by: (Sec. 14)
a. Profiting or assisting the offender to profit from the crime committed;
b. Concealing or destroying the body or effects or instrument of the crime;
c. Harboring, concealing or assisting in the escape of the principal or conspirator of the crime.

Liable as a principal to any and all terrorist  activities committed
- Providing material support to terrorist groups (Sec. 12)

What are the penalties provided under R.A. 11479 or Anti-Terrorism Act of 2020?

Imprisonment of ten (10) years
- Deleting, Removing or Destroying intercepted or Recorded Communication (Sec. 20)
- Unauthorized revelation of classified materials under the Anti-Terrorism Act of 2020 (Sec. 4)

Imprisonment of six (6) years
- Furnishing false evidence, forged document,or spurious evidence in any investigation or hearing related to any violations under this act (Sec. 43)

Imprisonment of four (4) years
- Any bank official or bank employee who refuses to allow a court-ordered examination of assets of terrorist individuals or groups or organizations (Sec. 39)

Source: Integrated Bar of the Philippines | @IntegratedBarPH

RA No. 3326

REPUBLIC ACT NO. 3326

AN ACT CREATING FOUR ADDITIONAL POSITIONS OF ASSISTANT PROVINCIAL FISCAL IN THE PROVINCE OF ORIENTAL MISAMIS, AMENDING FOR THIS PURPOSE Sec. SIXTEEN HUNDRED SEVENTY-FOUR OF THE ADMINISTRATIVE CODE, AS AMENDED

Section 1. The provisions of Section sixteen hundred seventy-four of the Administrative Code, as amended, relative to the number of assistant provincial fiscals in the Province of Oriental Misamis, is further amended to read as follows:

“Oriental Misamis, six assistant provincial fiscals;”

Sec. 2. This Act shall take effect upon its approval.

Enacted, without Executive approval, June 18, 1961.

RA No. 4661

REPUBLIC ACT NO. 4661

AN ACT SHORTENING THE PRESCRIPTIVE PERIOD FOR LIBEL AND OTHER SIMILAR OFFENSES, AMENDING FOR THE PURPOSE ARTICLE NINETY OF THE REVISED PENAL CODE

Section 1. Article ninety of the Revised Penal Code is hereby amended to read as follows:

“Art. 90. Prescription of crimes. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.

“Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

“Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.

“The crime of libel or other similar offenses shall prescribe in one year.

“The offenses of oral defamation and slander by deed shall prescribe in six months.

“Light offenses prescribe in two months.

“When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article.”

Sec. 2. The provision of this amendatory Act shall not apply to cases of libel already filed in court at the time of approval of this amendatory Act.

Sec. 3. This Act shall take effect upon its approval.

Approved: June 18, 1966

Act No. 3326

Act No. 3326

[ Act No. 3326, December 04, 1926 ]

AN ACT TO ESTABLISH PERIODS OF PRESCRIPTION FOR VIOLATIONS PENALIZED BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE WHEN PRESCRIPTION SHALL BEGIN TO RUN. BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE PHILIPPINES IN LEGISLATURE ASSEMBLED AND BY THE AUTHORITY OF THE SAME:

Be it enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in accordance with the following rules: (a) after a year for offences punished only by a fine or by imprisonment for not more than one month, or both; (b) after four years for those punished by imprisonment for more than one month, but less than two years; (c) after eight years for those punished by imprisonment for two years or more, but less than six years; and (d) after twelve years for any other offence punished by imprisonment for six years or more, except the crime of treason, which shall prescribe after twenty years. Violations penalized by municipal ordinances shall prescribe after two months.

SEC. 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time,  from the, discovery thereof and the institution of judicial proceedings for its investigation and punishment.

The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin to run again il the proceedings are dismissed for reasons not constituting jeopardy.

SEC. 3. For the purposes of this Act, special acts shall be acts defining and penalizing violations of the law not included in the Penal Code.

SEC. 4.  This Act shall take effect on its approval.

Approved, December 4, 1926.

Who grants time allowances?

Who grants time allowances?

ART. 99. 

Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked." (RA 10592)

NOTES:

The authority to grant time allowance for good conduct is exclusively vested in the Director. (e.g. provincial warden cannot usurp Director’s authority) - now amended by RA 10592

It is not an automatic right, and once granted, cannot be revoked by him.