Coup d’ etat

Coup d’ etat

On Criminal Law

Coup d'etat

Art. 134-A.

Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).

ELEMENTS:
1. Offender is a person or persons belonging to the military, or police or holding any public office or employment,
2. Committed by means of swift attack, accompanied by violence, intimidation, threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the Philippines
b. any military camp or installation
c. communication networks, public utilities or other facilities needed for the exercise and continued possession of power
4. For the purpose of seizing or diminishing state power.

PERSONS LIABLE:
1. Any person who leads or in any manner directs or commands others to undertake coup d’etat (leaders);
2. Any person in the government service who participates or executes directions or commands of others in undertaking coup d’etat (participants from government);
3. Any person not in the government service who participates, or in any manner, supports, finances, abets, or aids in undertaking a coup d’etat (participants not from government); and
4. Any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels (deemed leader if leader is unknown)

Notes:

Essence of the crime: Swift attack against the government, its military camps an installations, etc.

It may be committed singly or collectively.

Requires as a principal offender a member of the AFP, PNP, or a public officer with or without civilian support.

Objective: To destabilize, immobilize, or paralyze the existing government by taking over such facilities essential to the continued exercise of governmental powers.

Committed through force, violation, intimidation, threat, strategy, or stealth.

Mere silence or omission is not punishable.

If under the command of unknown leaders, any person who spoke for, signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader.

Not a defense: The accused did not take the oath of allegiance to, or that they never recognized the government.

Question: What is a political crime?

Answer: Those directly aimed against the political order; includes common crimes committed to achieve a political purpose. Decisive factor: Intent.

coup d' etat

Bar Exam Question (2005)

Art 134-A: Coup d’ etat & Rape; Frustrated (2005)

Taking into account the nature and elements of the felonies of coup d’ etat and rape, may one be criminally liable for frustrated coup d’ etat or frustrated rape? Explain. (2%)

SUGGESTED ANSWER:

No, one cannot be criminally liable for frustrated coup d’ etat or frustrated rape because in coup d’ etat the mere attack directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power would consummate the crime. The objective may not be to overthrow the government but only to destabilize or paralyze the government through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers.

On the other hand, in the crime of rape there is no frustrated rape it is either attempted or consummated rape. If the accused who placed himself on top of a woman, raising her skirt and unbuttoning his pants, the endeavor to have sex with her very apparent, is guilty of Attempted rape. On the other hand, entry on the labia or lips of the female organ by the penis, even without rupture of the hymen or laceration of the vagina, consummates the crime of rape. More so, it has long abandoned its "stray" decision in People vs. Erina 50 Phil 998 where the accused was found guilty of Frustrated rape.

Article 134-A. Coup d'etat; How committed. - The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968).

Bar Exam Question (2002)

If a group of persons belonging to the armed forces makes a swift attack, accompanied by violence, intimidation, and threat against a vital military installation for the purpose of seizing power and taking over such installation, what crime or crimes are they guilty of?

Suggested Answer:

The perpetrators, being persons belonging to the Armed Forces, would be guilty of the crime of coup d'etat, under Article 134-A of the Revised Penal Code, as amended, because their attack was against vital military installations which are essential to the continued possession and exercise of governmental powers, and their purpose is to seize power by taking over such installations.

B. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof?

Suggested Answer:

The leader being unknown, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the group shall be deemed the leader of said coup d'etat (Art 135, R.P.C.)

Bar Exam Question (1998)

Art 134-A; Coup d’etat; New Firearms Law (1998)

1. How is the crime of coup d'etat committed?
2. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or crimes did he commit?

Suggested Answer:

1. The crime of coup d'etat is committed by a swift attack, accompanied by violence, intimidation, threat, strategy or stealth against the duly constituted authorities of the Republic of the Philippines, military camps and installations, communication networks, public utilities and facilities needed for the exercise and continued possession of power, carried out singly or simultaneously anywhere in the Philippines by persons belonging to the military or police or holding public office, with or without civilian support or participation, for the purpose of seizing or diminishing state power. (Art 134-A, RPC).

2. The public school teacher committed only coup d'etat for his participation therein. His use of an unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).

Article 365. Imprudence and Negligence

Article 365. Imprudence and Negligence

On Criminal Law

Article 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum period shall be imposed.

Any person who. by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three (3) times such value, but which shall in no case be less than Five thousand pesos (P5,000).

A fine not. exceeding Forty thousand pesos (P40,000) and censure shall be imposed upon any person, who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony.

In the imposition of these penalties, the court shall exercise their sound discretion, without regard to the rules prescribed In Article 64.

The provisions contained in this article shall not be applicable:

1. When the penalty provided for the offense is equal to or lower than those provided in the first two (2) paragraphs of this article, in which case the court shall impose the penalty next lower in degree than that which should be imposed in the period which they may deem proper to apply.

2. When, by imprudence or negligence and with violation of the Automobile Law, the death of a person shall be caused, in which case the defendant shall be punished by prision correccional in its medium and maximum periods.

Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act. taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.

The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in his hands to give.

CRIMINAL NEGLIGENCE

Imprudence and negligence

QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:
1. By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony;
2. By committing through simple imprudence or negligence an act w/c would otherwise constitute a grave or a less serious felony;
3. By causing damage to the property of another through reckless imprudence or simple imprudence or negligence; or
2. By causing through simple imprudence or negligence some wrong w/c, if done maliciously, would have constituted a light felony.

ELEMENTS OF RECKLESS IMPRUDENCE:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is an inexcusable lack of precaution on the part of the offender, taking into consideration

a. his employment or occupation,

b. degree of intelligence, physical condition, and
c. other circumstances regarding persons, time, and place.

ELEMENTS OF SIMPLE IMPRUDENCE:
1. That there is a lack of precaution on the part of the offender; and
2. That the damage impending to be caused is not immediate or the danger is not clearly manifest.

Art. 64 on mitigating and aggravating circumstances is not applicable in quasi-offenses.

Qualifying circumstance in quasi-offenses: The offender’s failure to lend on-the-spot assistance to the victim of his negligence.

Abandoning one’s victim is usually punishable under Art. 275. But if it is charged under Art. 365, it is only a qualifying circumstance, and if not alleged, it cannot even be an aggravating circumstance.

Imprudence or Negligence is not a crime in itself, but simply a way of committing a crime.

Negligence - a deficiency of perception or lack of foresight: the failure to foresee impending injury, thoughtlessness, or failure to use ordinary care. Whereas, imprudence is a deficiency of action in avoiding an injury due to a lack of skill. Both result in a culpable felony.

If the danger that may result from criminal negligence is clearly perceivable, the imprudence is RECKLESS. If it could hardly be perceived, criminal negligence would only be simple.

Reckless - If the danger to another is visible and consciously appreciated by the accused. It is simple if the injury is not immediate or openly visible.

Criminal negligence is only a modality in incurring criminal liability. THEREFORE, even if there are several results arising from ONLY ONE CARELESSNESS, the accused may only be prosecuted under one count of criminal negligence. Otherwise, double jeopardy would arise.

The technical term “Reckless Imprudence resulting in Homicide”; what is punished is not the act itself but the mental attitude or condition behind the act.

Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused.

Test of Negligence: Would a prudent man foresee harm as a reasonable consequence of the course about to be pursued? Reasonable foresight of harm, followed by ignoring of admonition born of this provision.

Reckless Imprudence v. Force Majeure: Force Majeure is an event that cannot be foreseen, or which being foreseen is inevitable; implies an extraordinary circumstance independent of the will of the actor; in reckless imprudence damage or injury may be preventable by the exercise of reasonable care and threatened upon conduct about to be pursued by the actor.

Contributory negligence of the offended party is not a defense but only mitigates criminal liability.

Last Clear Chance Rule – The contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party.

Emergency Rule: A person confronted with an emergency may be left with no time for thought, must make a speedy decision based on impulse or instinct, and cannot be held liable for the same conduct as one who had an opportunity to reflect; applicable only when the situation that arises is sudden and unexpected, and is such as to deprive him of all opportunity for deliberation Ex. An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice that a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice.

Emergency Rule (as a defense): one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is NOT guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method UNLESS the emergency in which he finds himself is brought about by his own negligence.

Emergency Rule: due to the negligence of another, the accused was placed in an emergency and compelled to act immediately to avoid an impending danger, and in so doing, he injured another, even if his choice of action was not the wisest under the circumstances. This is similar to the exempting circumstance of an accident.

Violation of a rule, regulation, or law is proof of negligence.

Reyes v. Sis. of Mercy Hospital (2000)

Elements  involved in medical negligence cases:

1. Duty
2. Breach
3. Injury
4. Proximate causation

Garcia-Rueda v. Pascasio (1997)
MEDICAL MALPRACTICE, which is a form of negligence, consists in the failure of a physician or surgeon to apply to his practice of medicine that degree of care and skill which is ordinarily employed by the profession generally, under similar conditions, and in like surrounding circumstances.

Carillo v. People (1994)
The gravamen of SIMPLE NEGLIGENCE is the failure to exercise the diligence necessitated or called for by the situation, which was NOT immediately life-destructive, BUT which culminated, as in the present case, in the death of a human being 3 days later.

If, in a vehicular accident, the accused abandons the victims, this act will result in the imposition of a penalty one degree higher. Except in the following instances:

a.  if he leaves because he is in imminent danger of being harmed

b. he leaves to report to the police

c. or to summon a physician, nurse, or doctor. 

Criminal Law and Jurisprudence Review Questions (100 items)

Top Performing Criminology Schools In The October 2013 Licensure Examination

Top Performing Criminology Schools In The October 2013 Licensure Examination

On criminology

P.E.A.C.E

Top Performing Criminology Schools In The October 2013 Licensure Examination With 50 or More Examinees

1. University of the Cordilleras
     a. Percentage passed - 98.39%
     b. Total no. of examinees - 62
     c. Total no. passed - 61
     d. Percentage passed (First Timer) - 100%

2. Ifugao State University - Lamut
     a. Percentage passed - 95%
     b. Total no. of examinees - 80
     c. Total no. passed - 61
     d. Percentage passed (First Timer) - 96.05%

3. Universidad de Manila 
     a. Percentage passed - 88.39%
     b. Total no. of examinees - 112
     c. Total no. of passed - 99
     d. Percentage passed (First Timer) - 91.89%

4. Angeles University Foundation
     a. Percentage passed - 87.69%
     b. Total no. of examinees - 65
     c. Total no. passed - 57
     d. Percentage passed (First Timer) - 87.93%

5. Carlos Hidalo State Colleges of fisheries - Binalbagan
     a. Percentage passed - 82.81%
     b. Total no. of examinees - 64
     c. Total no. passed - 53
     d. Percentage passed (First Timer) - 82.81%

6. University of Baguio
     a. Percentage passed - 81.82%
     b. Total no. of examinees - 66
     c. Total no. passed - 54
     d. Percentage passed (First Timer) - 91.84%

7. PLT College Inc
     a. Percentage passed - 80.92
     b. Total no. of examinees - 152
     c. Total no. passed - 123
     d. Percentage passed (First Timer) - 91.34%

8. Taguig City University
     a. Percentage passed - 79.25%
     b. Total no. of examinees - 159
     c. Total no. passed - 126
     d. Percentage passed (First Timer) - 85.3%

9. University of Manila
     a. Percentage passed - 78.38%
     b. Total no. of examinees - 111
     c. Total no. passed - 87
     d. Percentage passed (First Timer) - 88.89%

10.Cordillera Career Development College
     a. Percentage passed - 73.83%
     b. Total no. of examinees - 149
     c. Total no. passed - 110
     d. Percentage passed (First Timer) - 83.20


For the Complete List of successful Examinee in the Oct. 2013 Exam Click here

R. A. NO. 7659

R. A. NO. 7659

On Special Crime

HEINOUS CRIMES ACT OF 1993 (R. A. NO. 7659)

The crimes punishable by death are:
1. Treason (Art. 114)
2. Qualified Piracy (Art. 123)
3. Qualified Bribery (Art. 211-A)
4. Parricide (Art. 246)
5. Murder (Art. 248)
6. Infanticide (Art. 255) HOWEVER: If any crime penalized in this Article be committed
   by the mother of the child for the purpose of concealing her dishonor, she shall suffer
   the penalty of prision mayor in its medium and maximum periods, and if said crime be
   committed for the same purpose by the maternal grandparents or either of them,
   the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention (Art. 267)
8. Robbery (Art. 294): when by reason or on occasion of the robbery, the crime of
   homicide shall have been committed, or when the robbery shall have been
   accompanied by rape or intentional mutilation or arson.
9. Destructive Arson (Art. 320)
10. Rape (Art. 335)
    a. Committed with the use of a deadly weapon or by two or more persons
    b. When by reason or on the occasion of the rape, the victim has become insane
    c. When the rape is attempted or frustrated and a homicide is committed by reason or on
       the occasion thereof
   d. Committed with attendant circumstances
11. Plunder (R. A. 7080)
12. Violations of Dangerous Drugs Act
13. Carnapping (R. A. 6539)

GENERAL RULE: The death penalty shall be imposed in all cases upon which it must be imposed
under existing laws.

EXCEPTIONS (In which cases the penalty shall be reduced to reclusion perpetua):
1. when the guilty person is below 18 years of age at the time of the commission of the
   crime;
2. when the guilty person is more than 70 years of age;
3. when upon appeal or automatic review of the case by the Supreme Court, the required
   majority vote is not obtained for the imposition of the death penalty,

R.A. NO. 8294 An Act Amending The Provisions of PD 1866

R.A. NO. 8294 An Act Amending The Provisions of PD 1866

On Special Crime

R.A. NO. 8294 An Act Amending The Provisions of PD 1866

PERSONS LIABLE:
1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any  low-powered firearm, part of firearm, ammunition, or machinery, tool or instrument used or  intended to be used in the manufacture of any firearm or ammunition; The owner, president, manager, director or other responsible officer of any public or private firm, company,  corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by
any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside  of their residence in the course of their employment;

2. Any person who shall carry any licensed firearm outside his residence without legal authority therefor - Penalty is Arresto Mayor

3. Any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to  any person; Any person who shall unlawfully tamper, change, deface or erase the serial number  of any firearm; and

4. Any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.

Note:
If homicide or murder is committed with the use of an unlicensed firearm,such use of an unlicensed firearm shall be considered as an aggravating circumstance.

Note:
If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted
coup d'etat.

The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment.

Note:
When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives,detonation agents or incendiary devices shall be considered as an aggravating circumstance.

Under R.A. 8294, sedition absorbs the use of unlicensed firearm as an element thereof; hence, not aggravating, and the offender can no longer be prosecuted for illegal possession of firearm.

Coverage of the Term Unlicensed Firearm. — The term unlicensed firearm shall include:

A. A firearm with expired license; or
B.  Unauthorized use of licensed firearm in the commission of the crime.


People vs. Ladjaalam, (2000)
The language of RA 8294 effectively exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the “other crime” committed. Indeed, the accused may evade
conviction for illegal possession by committing a lighter offense, like alarm and scandal. However, the wisdom of RA 8294 is not subject to the Court’s review.


People v Nepomuceno (1999)
Accused can no longer be separately charged with parricide and illegal possession of firearms. The amendment says that the latter is only to be treated as an aggravating circumstance.

People v De Gracia (1994)
Rule: Ownership is not an essential element of illegal possession of firearms and ammunition. What the law requires is merely possession which includes not only actual physical possession
but also constructive possession.

Advincula v CA (2000)
Two things must be shown to exist:
• The existence of the firearm
• The fact that it is not licensed
However, it should also be shown that even of he has a license, he cannot carry the firearm outside his residence without legal authority therefore.

People v Tiozon (1991)
It may be loosely said that homicide or murder qualifies the offense. It does not follow however that the homicide or murder is absorbed in the offense. It would be anomalous: a more serious crime is absorbed by a statutory offense which is just malum prohibitum. In fine then the killing of a person with the use of an unlicensed firearm may give rise to separate prosecutions for (a) violation of section 1 of PD 1866, or (b) murder or homicide. The accused cannot plead one as a bar to another.

RA 8294

Bar Exam Question (1998)

Illegal Possession of Firearms – RA 8294 (1998)

Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or crimes did he commit? 

Suggested Answer:

The public school teacher committed only coup d'etat for his participation therein. His use of an unlicensed firearm is absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294). A prosecution for illegal possession of firearm under the new law is allowed only if the unlicensed firearm was not used in the commission of another crime.

Note: RA 10591 (Comprehensive Firearms and Ammunition Regulation Act) amended RA 8294.

Philippine Anti Money Laundering Act Of 2001

Philippine Anti Money Laundering Act Of 2001

On Special Crime

RA 9160: Philippine Anti Money Laundering Act Of 2001

Money laundering -  is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources.

PERSONS LIABLE:
1. Any person knowing that any monetary instrument or property represents, involves,
   or relates to, the proceeds of any unlawful activity, transacts or attempts to transact
   said monetary instrument or property.
2. Any person knowing that any monetary instrument or property involves the proceeds
   of any unlawful activity, performs or fails to perform any act as a result of which he
   facilitates the offense of money laundering referred to in paragraph (a) above.
3. Any person knowing that any monetary instrument or property is required under this Act to
   be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so.

Covered transaction:
Transaction In excess of P500,000 within one banking day.

Suspicious transaction, Requisites:
1. Covered institution,
2. Regardless of amount, and
3. Any of the ff. circumstances:
   a. no economic justification
   b. client not properly identified
   c. amount not commensurate with financial capacity
   d. structured to avoid reporting
   e. deviation from client’s profile or past transactions
   f. unlawful activity under this Act
   g. Similar or analogous

UNLAWFUL ACTIVITY:
1. Kidnapping for ransom
2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,14,15,16)
3. Anti-Graft and Corrupt Practices Act (Sec. 3, par. B,C,E,G,H and I)
4. Plunder
5. Robbery and extortion
6. Jueteng and Masiao punished as illegal gambling
7. Piracy on the high seas
8. Qualified theft
9. Swindling
10.Smuggling
11.Electronic Commerce Act of 2000
12.Hijacking and other violation of RA 6235; destructive and murder, including those
   perpetrated by terrorists against non-combatants
13. Securities Regulations Code of 2000
14. Offenses of similar nature punishable by foreign penal laws

WHAT IS REQUIRED TO BE REPORTED?
Covered institutions shall report to the Anti Money Laundering Council all covered transactions and suspicious transactions within 5 working days from the occurrence.

AUTHORITY TO INQUIRE INTO BANK DEPOSITS:
1. Court order upon showing of probable cause that the deposit is related to an unlawful  
   activity or a money laundering offense.
2. No court order required for the ff. unlawful activities:
   a. Kidnapping for ransom
   b. Comprehensive Dangerous Drugs Act of 2002 Hijacking and other violation of RA 6235;
      destructive and murder, including those perpetrated by terrorists against non-combatants

PROSECUTION OF MONEY LAUNDERING:
1. Offender may be charged with and convicted of BOTH money laundering and the unlawful
   activity
2. Proceeding of unlawful activity shall be given precedence over the prosecution for
   money laundering, without prejudice to freezing and other remedies of this Act.

Bar Exam Question (2005)

R.A. No. 9160 Anti-Money Laundering Act (2005)

Don Gabito, a philanthropist, offered to fund several projects of the Mayor. He opened an account in the Mayor’s name and regularly deposited various amounts ranging from P500,000.00 to P1 Million. From this account, the Mayor withdrew and used the money for constructing feeder roads, barangay clinics, repairing schools and for all other municipal projects. It was subsequently discovered that Don Gabito was actually a jueteng operator and the amounts he deposited were proceeds from his jueteng operations. What crime/s were committed? Who are criminally liable? Explain. 

Suggested Answer:

Don Gabito violated the Anti-Money Laundering Act (Sec. 4, R.A. No. 9160) for knowingly transacting money as property which involves or relates to the proceeds of an unlawful activity such as jueteng. In addition, he may be prosecuted for liability as ajueteng operator. (R.A. No. 9287) The mayor who allowed the opening of an account in his name is likewise guilty for violation of the AMLA. He, knowing that the money instrument or property involves the proceeds of an unlawful activity, performs or fails to perform any act which results in the facilitation of money laundering.

Premature Marriages

Premature Marriages

On Criminal Law

Premature Marriages

PERSONS LIABLE:

1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death.

2.A woman whose marriage having been dissolved or annulled, married before her delivery, or w/in 301 days after the date of the legal separation.

The purpose of the law in punishing the foregoing acts is to prevent doubtful paternity.

The Supreme Court considered the reason behind making such marriages within 301 days criminal, that is, because of the probability that there might be a confusion regarding the paternity of the child who would be born.

If this reason does not exist because the former husband is impotent, or was shown to be sterile such that the woman has had no child with him, that belief of the woman that after all there could be no confusion even if she would marry within 301 days may be taken as evidence of good faith and that would negate criminal intent.