Special Penal Laws, Part 4

 

 SEXUAL HARASSMENT LAW (RA 7877)

WORK, EDUCATION OR TRAINING-RELATED SEXUAL HARASSMENT DEFINED.

 

Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act. 

 

WHEN SEXUAL HARASSMENT IS COMMITTED:

 

Work, Education or Training-related Sexual Harassment Defined

 

Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

 

In work-related or employment environment: 

 

(1)           The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

(2)           The above acts would impair the employee’s rights or privileges under existing labor laws; or

(3)           The above acts would result in an intimidating, hostile, or offensive environment for the employee.

 

       In an education or training environment:

 

(1)           Against one who is under the care, custody or supervision of the offender;

(2)           Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

(3)           When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships or the payment of a stipend, allowance or other benefits, privileges, or considerations; or

(4)           When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

 

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.  

 

CHILD AND YOUTH WELFARE CODE ( PD 603 with Amendments)

 

 RELIGIOUS INSTRUCTION

 

The religious education of children in all public and private schools is a legitimate concern of the Church to which the students belong. All churches may offer religious instruction in public and private elementary and secondary schools, subject to the requirements of the Constitution and existing laws.  

 

TERMINATION OF RIGHTS OF PARENTS

 

When a child shall have been committed to the Department of Social Welfare or any duly licensed child placement agency or individual pursuant to an order of the court, his parents or guardian shall thereafter exercise no authority over him except upon such conditions as the court may impose.  

 

VIOLATION OF PD 603 BY A CHILD

 

Prohibited Acts:

 

It shall be unlawful for any child to leave the person or institution to which he has been judicially or voluntarily committed or the person under whose custody he has been placed in accordance with the next preceding article, or for any person to induce him to leave such person or institution, except in case of grave physical or moral danger, actual or imminent, to the child.

Any violation of this article shall be punishable by an imprisonment of not more than one year or by a fine of not more than two thousand pesos, or both such fine and imprisonment at the discretion of the court: Provided, That if the violation is committed by a foreigner, he shall also be subject to deportation. 

 

CARE OF YOUTHFUL OFFENDER HELD FOR EXAMINATION OR TRIAL

 

A youthful offender held for physical and mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care of the Department of Social Welfare or the local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required: Provided, That in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders separate from other detainees. The court may, in its discretion, upon recommendation of the Department of Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on recognizance, to the custody of his parents or other suitable person who shall be responsible for his appearance whenever required.  

 

SUSPENSION OF SENTENCE AND COMMITMENT OF YOUTHFUL OFFENDER

 

If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such minor to the custody or care of the Department of Social Welfare, or to any training institution operated by the government, or duly licensed agencies or any other responsible person, until he shall have reached twenty-one years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the agency or responsible individual under whose care he has been committed.

 

The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or any duly licensed agency or such other officer as the Court may designate subject to such conditions as it may prescribe. 

 

PD 1210

 

ARTICLE 191 OF PD 603 IS HEREBY AMENDED TO READ AS FOLLOWS

 

“Article 101.           Care of Youthful Offender Held for Examination or Trial. – A youthful offender held for physical and mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest be committed to the care of the Dept. of Social Services and Development or the local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required: Provided, that in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders separate from other detainees. The court may, in its discretion upon recommendation of the Department of Social Services & Development or other agency or agencies authorized by the Court, release a youthful offender on recognizance, to the custody of his parents or other suitable person who shall be responsible for his appearance whenever required. However, in the case of those whose cases fall under the exclusive jurisdiction of the Military Tribunals, they may be committed at any military detention or rehabilitation center.   

 

PD 1210

 

ARTICLE 192 OF PD 603 AS AMENDED IS FURTHER AMENDED TO READ AS FOLLOWS:

 

“Art. 192.               Suspension of sentence and Commitment of Youthful Offender. – If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him, the court, shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court upon application of the youthful offender and if it finds that the best interest of the public as well as that of the offender will be served thereby, may suspend all further proceedings and commit such minor to the custody or care of the Department of Social Services and Development or to any training institution operated by the government or any other responsible person until he shall have reached twenty one years of age, or for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Services and Development or the government training institution or responsible person under whose care he has been committed. 

 

Upon receipt of the application of the youthful offender for suspension of his sentence, the court may require the Department of Social Services and Development to prepare and submit to the court a social case study report over the offender and his family. 

 

The Youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Services & Development or government training institution as the court may designate subject to such conditions as it may prescribe.

 

The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment or to one who is convicted for an offense by the Military Tribunals.   

 

RETURN OF THE YOUTHFUL OFFENDER TO THE COURT

 

 Whenever the youthful offender has been found incorrigible or has wilfully failed to comply with the conditions of his rehabilitation programs, or should his continued stay in the training institution be inadvisable, he shall be returned to the committing court for the pronouncement of judgment.

 

When the youthful offender has reached the age of twenty-one while in commitment, the court shall determine whether to dismiss the case in accordance with the extent preceding article or to pronounce the judgment conviction. In the latter case, the convicted offender may apply for probation under the provisions of Presidential Decree Numbered Nine Hundred and Sixty-Eight.

 

In any case covered by this article, the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention effected under the provisions of this Chapter.” 

 

CHILD ABUSE LAW 

CHILD PROSTITUTION AND OTHER SEXUAL ABUSE

 

Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

 

The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

 

(a)   Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

 

(1)    Acting as a procurer of a child prostitute;

(2)    Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;

(3)   Taking advantage of influence or relationship to procure a child as prostitute;

(4)    Threatening or using violence towards a child to engage him as a prostitute; or

(5)   Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.

 

(b)           Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall reclusion temporal in its medium period; and

 

(c)           Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. 

 

ATTEMPT TO COMMIT CHILD PROSTITUTION

 

There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.

 

There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code. 

 

CHILD TRAFFICKING

 

 Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim under twelve (12) years of age. 

 

ATTEMPT TO COMMIT CHILD TRAFFICKING

 

There is an attempt to commit child trafficking under Section 7 of this Act:

 

(a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child’s parents or legal guardian;

 

(b)  When a person, agency, establishment or child-caring institution recruits women or couples to bear a children for the purpose of child trafficking; or

 

(c) When doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking;

 

(d)  When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking.

               

A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act. 

 

OBSCENE PUBLICATIONS AND INDECENT SHOWS

 

Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of  prision mayor in its medium period.

 

If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.

 

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of  prision mayor in its medium period. 

 

OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR EXPLOITATION AND OTHER CONDITIONS PREJUDICIAL TO THE CHILD’S DEVELOPMENT

 

(a)           Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child’s development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended, shall suffer the penalty of  prision mayor in its minimum period.

 

(b)           Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

 

(c)           Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of  prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of parental authority over the minor.

 

(d)           Any person, owner, manager or one entrusted with the operation of may public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50,000), and the loss of the license to operate such a place or establishment.

 

(e)           Any person who shall use, coerce, force or intimidate a street child or any other child to :

 

(1)           Beg or use begging as a means of living;

(2)           Act as conduit or middlemen in drug trafficking or pushing; or

(3)           Conduct any illegal activities, shall suffer the penalty of  prision correccional in its medium period to reclusion perpetua. 

 

For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua when the victim is under twelve (12) years of age. The penalty for the commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of lasciviousness with the consent of the offended party, corruption of minors, and white slave trade, respectively, shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.

The victim of the acts committed under this section shall be entrusted to the care of the department of Social Welfare and Development. 

 

CHILDREN AS ZONES OF PEACE

 

                Children are hereby declared as Zones of Peace. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. To attain this objective, the following policies shall be observed.

 

(a)           Children shall not be the object of attack and shall be entitled to special respect. They shall be protected from any form of threat, assault, torture or other cruel, inhumane or degrading treatment;

 

(b)           Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups, nor be allowed to take part in the fighting, or used as guides, couriers, or spies;

 

(c)           Delivery of basic social services such as education, primary health and emergency relief services shall be kept unhampered;

 

(d)           The safety and protection of those who provide services including those involved in fact-finding missions from both government and non-government institutions shall be ensured. They shall not be subjected to undue harassment in the performance of their work;

 

(e)           Public infrastructure such as schools, hospitals and rural health units shall not be utilized for military purposes such as command posts, barracks, detachments, and supply depots; and

 

(f)            All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict.

 

RIGHTS OF CHILDREN ARRESTED FOR REASONS RELATED TO ARMED CONFLICT

 

Any child who has been arrested for reasons related to armed conflict, either as combatant, courier, guide or spy is entitled to the following units;

 

(a)           Separate detention from adults except where families are accommodated as family units;

(b)           Immediate free legal assistance;

(c)           Immediate notice of such arrest to the parents or guardians of the child; and

(d)           Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.

 

If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government, or duly-licensed agencies or any other responsible person, until he has had reached eighteen (18) years of age or, for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed.

 

The aforesaid child shall subject to visitation and supervision Development or any duly-licensed agency such other officer as the court may designate subject to such conditions as it may prescribe.

The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases.

 

CONFIDENTIALITY

 

At the instance of the offended party, his name may be withheld from the public until the court acquires jurisdiction over the case.

 

It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio broadcasting, producer and director of the film in case of the movie industry, to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party.

 

                PEDOPHILIA IS NOT INSANITY

 

When accused-appellant was committed to the National Center for Mental Health, he was not diagnosed as insane but was suffering from pedophilia.  Thus, there is no doubt in our mind that he was sane during his two-year confinement in the center, pedophilia  being dissimilar to insanity. 

 

RA 7658

 

EMPLOYMENT OF CHILDREN

 

Children below fifteen (15) years of age shall not be employed except:

 

1)  When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer’s family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or

 

2) Where a child’s employment or participation in public entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract is concluded by the child’s parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: and Provided, That the following requirements in all instances are strictly complied with: 

 

(a)           The employer shall ensure the protection, health, safety, morals and normal development of the child;

(b)           The employer shall institute measures to prevent the child’s exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and

(c)           The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the requirements.

 

In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the child. 

 

The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section.”  

 

IF MINOR DO NOT APPLY FOR SUSPENSION OF SENTENCE IT IS DEEMED WAIVED.  THE COURT CANNOT MOTU PROPIO GIVE HIM THE BENEFITS OF ART. 192

 

The record, unfortunately for accused-appellant Buena, does not show that he filed with the trial court an application for suspension of sentence so as to put into operation the benevolent provisions of Presidential Decree No. 603. The Court, therefore, has no other choice but to deny him this privilege. 

 

DISCHARGE; REPORT AND ECOMMENDATION OF THE DEPARTMENT OF SOCIAL WELFARE, SUBJECT TO JUDICIAL REVIEW

 

It is not the responsibility of this Court to order the release of accused Ricky Galit without the benefit of a review of the recommendation of the Department of Social Welfare by the trial court. Art 196 of PD 603 provides:  “Art. 196.  Dismissal of the case. — If it is shown to the satisfaction of the court that the youthful offender whose sentence has been suspended, has behaved properly and has shown his capability to be a useful member of the community, even before reaching the age of majority, upon recommendation of the Department of Social Welfare, it shall dismiss the case and order his final discharge.” It is therefore clear that in cases where the DSWD recommends the discharge of a youthful offender, it is the trial court before whom the report and recommendation is subject to judicial review. Recommendation alone is not sufficient to warrant the release of a youthful offender. In reviewing the DSWD’s recommendation, the trial judge must not base his judgment on mere conclusions but should seek out concrete, material and relevant facts to confirm that the youthful offender has indeed been reformed and is ready to re-enter society as a productive and law-abiding citizen. Caution, however, is given to the trial court. To begin with, the youthful offender is not to be tried anew for the same act for which he was charged. The inquiry is not a criminal prosecution but is rather limited to the determination of the offender’s proper education and rehabilitation during his commitment in the Training Center and his moral and social fitness to re-join the community.   (Pp. V. Galit;  GR 97432, 3/1/94) 

 

SUSPENSION OF SENTENCE NOT APPLICABLE IF PENALTY IS RECLUSION PERPETUA, LIFE IMPRISONMENT OR DEATH

 

As aforesaid, however, accused Ricky Galit and Raquel Tagalog did not appeal from the judgment of the trial court. Neither did the People question the suspension of their sentence. The benefits of suspension of sentence are not available where the youthful offender has been convicted of an offense punishable by life imprisonment or death. The last paragraph of section 2 of Presidential Decree No. 1210, which amended certain provisions of P.D. 603, provides:

 

“The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment or to one who is convicted for an offense by the Military Tribunals.” (Par. 4, Sec. 2, P.D. No. 1179, as amended by P.D. No. 1210; emphasis supplied)   (Pp. v. Galit, supra.) 

 

YOUTHFUL OFFENDER, TO BE CRIMINALLY LIABLE,  ACCUSED, A 13 YEAR OLD, MUST ACT WITH DISCERNMENT 

 

There is a further obstacle that stands in the way of Estorque’s conviction. While it has been proven that he was only thirteen years old at the time of the incident, there are no allegations in both informations that Estorque had acted with discernment. And even if we are to consider the allegations that he had committed the imputed acts “with intent to kill” as sufficient compliance — as we have in the past — he would still not be held liable as no proof was offered during trial that he had so acted with discernment. Accordingly, even if he was indeed a co-conspirator or an accessory, he would still be exempt from criminal liability.  (Pp. V. Cordova;  GR 83373-74,  7/5/93) 

 

EVERY ACCUSED IS PRESUMED TO BE SANE AT THE TIME OF COMMISSION OF THE CRIME 

 

The law presumes all acts to be voluntary, and that it is improper to presume that acts were done unconsciously. The quantum of evidence required to overthrow the presumption of sanity is proof beyond reasonable doubt. Since insanity is in the nature of a confession and avoidance, it must be proven beyond reasonable doubt. Moreover, an accused is presumed to have been sane at the time of the commission of the crime in the absence of positive evidence to show that he had lost his reason or was demented prior to or during the perpetration of the crime. (Pp. v. Cordova,  supra.) 

 

FAILURE OF DEFENSE TO ASK FOR SUSPENSION OF ARRAIGNMENT NEGATES INSANITY

 

Appellant Eduardo Cordova did not even ask for the suspension of his arraignment on the ground that he was suffering from insanity. Paragraph (a), Section 12, Rule 116 of the Revised Rules of Court provides that the arraignment of an accused who appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto, shall be suspended. In the case at bar, Eduardo Cordova even took the witness stand to testify.  (Pp. V. Cordova,  supra.)  

 

CHILD & YOUTH WELFARE CODE, NOT APPLICABLE TO DEATH OR RECLUSION PERPETUA SENTENCE

 

The Child and Youth Welfare Code does not apply to those convicted of offenses punishable by death, or reclusion perpetua (Presidential Decree No. 603, as amended by Presidential Decree N. 603, as amended by Presidential Decree Nos. 1179 and 1210). The fact is Bolioc is now twenty-three years old. He is not entitled to a suspended sentence. He is entitled to a two-degree reduction of the penalty (Art. 68, RPC).      (Pp. V. Mendez;  GR L-48131;  5/30/83) 

 

SUSPENSION OF SENTENCE; CANNOT BE AVAILED OF WHERE OFFENDER IS ALREADY OVER 21 YEARS OLD AT THE TIME OF PROMULGATION OF HIS SENTENCE

 

It is true that Venancio Villanueva was a youthful offender as defined by Art. 189 because he was under 21 years of age when he committed the offense on February 22, 1974. However, when he was sentenced on July 30, 1975, he was over 21 years old and under the terms of Art. 192 (as well as Art. 197) he was no longer entitled to suspension of sentence.   (Villanueva v. CFI;  GR L-45798,  12/15/82) 

 

WHEN PRESIDENTIAL DECREE NO. 603 MAY BE GIVEN RETROACTIVE EFFECT

 

Where P.D. 603 is more favorable to the accused in that the sentence against them may he suspended, said Decree may be given retroactive effect, not only with the end in view of giving force and effect to the laudable policies for which the P.D. otherwise known as the Child and Youth Welfare Code was promulgated, hut also in the light of the provisions of Article 22 of the Revised Penal Code.  (People v. Garcia;  GR L-45280-81,  6/11/81)  

 

PRESIDENTIAL DECREE NO. 603; ALTERNATIVE COURSES OF ACTION OF THE COURT WHEN YOUTHFUL OFFENDER IS RETURNED AFTER REACHING THE AGE OF MAJORITY

 

The trial court has two alternative courses of action with respect to a youthful offender whose sentence it had suspended and who is returned to the court upon his reaching the age of majority. These are: (1) to dismiss the case and order the final discharge of said offender; or (2) to pronounce the judgment of conviction. In plain and simple language, it is either dismissal or sentence.  (Pp. V. Garcia;  supra.) 

 

CIVIL LIABILITY OF YOUTHFUL OFFENDER, DEFINED

 

The civil liability for damages referred to is apparently that obligation created by or arising from the crime, otherwise known as ex delicto the imposition of which is mandated by Articles 100, 104(3), 107 and 345(1) of the Revised Penal Code, (People vs. Peña, L-36434, December 20, 1977, 80 SCRA 589, 599) and is based upon a finding of the guilt of the accused.   (Pp. V. Garcia,  supra.) 

 

REPUBLIC ACT NO.  8484

(The Access Device Regulation) 

 

An act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes.

 

The recent advances in modern technology have led to the extensive use of certain devices in commercial transactions, prompting the State to regulate the same. hence, on February 3, 1998, Congress enacted Republic Act Number 8484, otherwise known as The Access Devices Regulation Act of 1998.

 

Termed as “access devices”  by RA No. 8484, any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunication service, equipment, or instrumental identifier, or other means of account access t hat can be used to obtain money, good, services or any other thing of value or to initiate transfer of funds (other than transfer originated solely by paper instrument)  is now subject to regulation. The issuance and use of access devices are ought to regulate in order to protect the rights and define the liabilities of parties in commercial transactions involving them.

 

Essentially, the law imposes duties both to the access device issuer and holder, and penalize certain acts deemed unlawful for being detrimental to either the issuer or holder, or both.

 

The law mandates an access device issuer, or “card issuer,” to disclose either in writing or orally in any application or solicitation to open a credit card account the following: 1) annual percentage rate; 2) annual and other fees; 3) and balance calculation method; 4) cash advance fee; and 5)) over the limit fee.

 

Moreover, the computation used in order to arrive at such charges and fees required, to the extent practicable, to be explained in  detail and a clear illustration of the manner by which it is made to apply is also necessary.

 

Nonetheless, there are certain exceptions for the above requirement of disclosure not to apply. This is when application or solicitation is made through telephone, provided that the issuer does not impose any annual fee, and fee in connection with telephone solicitation unless the customer signifies acceptance by using the card, and that a clear disclosure of the information enumerated in the preceding paragraph is made in writing within thirty (30) after the consumer requests for the card, but in no event later than the date of the delivery of the card, and that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any fees or charges disclosed unless the consumer accepts the card or account by using the card.

 

Failure on the part of the issuer to fulfill the above requirements will result in the suspension or cancellation of its authority to issue credit cards, after due notice and hearing, by the Banko Sentral ng Pilipinas, the Securities and Exchange Commission and such other government agencies.

 

In sum therefore, the above omission is made punishable if the following elements occur. One, there is an application or solicitation. Second, such application or solicitation should include the information required by law. and third, failure on the part of the issuer to disclose such information.

 

In one case (Ermitano v. GR No. 127246, April 21, 1999), the Supreme Court had the occasion to rule on the validity of contracts involving credit cards. The credit cards holder contended that the credit card company should be blamed for the charges the same being unwarranted by the contract. As stipulated, once a lost card has been reported, purchases made thereafter should not accrue on the part of the holder.

 

The Court said notwithstanding the fact that the contract of the parties is a contract of adhesion the same is valid. However, if the same should include terms difficult to interpret as to hide the true intent to the detriment of the holder, holding it void requires no hesitation. Thus, contracts which provide for ambiguous terms of payment, imposition of charges and fees may be held void invoking the principle of the contract of adhesion.

 

Clearly, in this case decided in 1999, the Court was concerned about an access device issuer’s vulnerability to abuse the provisions of the contract. It is quite surprising, however, that the Court did not make reference to RA No. 8484 to think that it was already in effect when the resolution was promulgated.

 

Nonetheless, in American Express International Co., Inc. vs. IAC (GR NO. 70766, November 9, 1988) Supreme Court turned down the argument of private respondent grounded on the adhesion principle saying indeed, in a contract of adhesion the maker of the contract has all the advantages, however, the one to whom it is offered has the absolute prerogative to accept or deny the same. 

                On the other hand, an access device holder may be penalized when he or she fraudulently applied for such device. An access device fraudulently applied for means any access device that was applied for or issued on account of the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation. Thus, the use, trafficking in, possession, and inducing, enticing or in any manner allowing one to use access device fraudulently applied for are considered unlawful. 

                The element of fraud is indispensable for this provision of RA 8484 to apply. It is a condition sine qua non before one may be charged with the defined offense. 

                Thus, the law provides for presumptions of Intent to defraud on the basis of mere possession, control or custody of: a) an access device without lawful authority; b) a counterfeit access device; any device making or altering equipment; c) an access device or medium on which an access device is written not in the ordinary course of the possessor’s business; or d) any genuine access device, not in the name of the possessor. 

                A card holder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application for credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.  

                At first glance, the above presumptions, when applied in real cases, may suffer from constitutional infirmities. The constitution provides that a person shall not be held to answer to a criminal offense without due process of law. it may be argued that such presumptions are rebuttable ones. However, the danger lies in the shifting of the burden of proof from the prosecution to the defense. 

                The law provides for sixteen (16) prohibited acts which refer to the production, use, possession of or trafficking in unauthorized or counterfeit access devices. It also includes acts deemed fraudulent that increase the amount involved in commercial transactions using access devices. Obtaining money or anything of value through the use of an access device with intent to defraud or gain, and fleeing thereafter. 

                In the final analysis, the law basically seeks to address the issue of fraud in the issuance and use of access devices, especially credit cards. Fraud may be committed by the issuer by making false or vague information in the application or solicitation to open credit card accounts. The applicant or holder, on the other hand, fraudulently misrepresents himself by giving wrong identity, false profession or employment, or bloated income.

 

                Take the case for instance of Citibank v. Gatchalian (GR No. 111222, January 18, 1995) which shows how credit card applicants through false representation were able to amass in simple terms P790,000.00 from petitioner.

 

                In this case, two employees of the Asian-Pacific Broadcasting Co,. Inc. (ABCI) applied for nineteen (19( credit cards with Citibank using different names other than their real names. The Citibank approved the applications and the credit cards were delivered to them for use. However, this case involves an illegal dismissal case where a Citibank employee was found guilty of gross negligence for effecting the delivery of the credit cards. Her dismissal was affirmed in this case.

 

                Insofar as access device issuers are concerned, Eermitano v. C.A., may be a case in point. The credit card holder lost his credit card which he immediately reported to the card issuer. The contract stipulated that in case of lost, the same should be reported immediately, otherwise purchases made shall be charged to the holder. In this case, despite the prompt reporting of the holder, the issuer still charged the purchases against the former. The Court in this case held the issuer in breach of the contract.

 

                The penalties provided for by RA 8484 are imprisonment and fine. Imprisonment is from six (6) years to ten (10) years and fine ranges from ten thousand pesos (10,000.00) or twice the value of the offense, whichever is higher.

 

                The penalties are increased in case the offender has a similar previous conviction, meaning if he was previously found violating RA 8484. In which case, the accused shall suffer imprisonment of not less than twelve (12) years and not more than twenty (20) years.

 

                The two other stages of felony, as defined by the Revised Penal Code is also made punishable. Thus, attempted and frustrated are meted out with the penalties of imprisonment and fine albeit only in fractions of the above penalties.

 

                R.A. 8484 may seem to favor the issuer. A credit card company may only be meted out the penalty of cancellation or suspension, which may be considered as mere administrative sanctions. In fact, it is not the courts which impose such sanctions but administrative agencies such as the Bangko Sentral and the Securities and Exchange Commission.

 

                On the other hand, a holder or mere possessor of a counterfeit fraudulently applied for access device may be convicted and be made to suffer imprisonment and fine.   

 

DANGEROUS DRUG ACT OF 2002

(Republic Acts No. 9165)  

 

Chemical Diversion – the sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

 

Controlled Delivery – The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of any unauthorized officer, with a view to gathering evidence to identify any person involved in any dangerous drug related offense, or to facilitate prosecution of that offense.

 

Controlled Precursor and Essential Chemicals – Includes those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

 

Drug Dependence – As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.   

 

Drug Syndicate – Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

 

Illegal Trafficking – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of any dangerous drug and/or controlled precursor and essential chemical.

 

Protector/Coddler – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable ground to believe on or suspects, has violated the provision of this Act in order to prevent the arrest, prosecution and conviction of the violator.

 

Pusher – Any person who sells, trades, administers, dispenses, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transaction, in violation of this Act.

 

Planting of evidence – the willful act by any person of maliciously and surreptitiously inserting, placing, adding or attaching directly or indirectly, through any overt or covert act whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating, or imputing the commission of any violation of this Act.  

 

What are the significant amendments to R.A. 6425?

 

1.    Under this Act there is no more distinction between prohibited drug and regulated drugs and/or controlled precursors and essential chemicals enumerated in Tables I and II of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

 

2.   The penalties provided by R.A. 7659 was changed , adopting partially the penalties in R.A. 6425.

 

3.   In planting evidence any person now maybe held liable. Before, only law enforcement agents.

 

4.   The provisions of the Revised Penal Code have no suppletory effect except for minors who may be sentenced to reclusion perpatua.  

 

What are the new kinds of drugs that are included in R.A. 9165?

 

Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or its any other name which refers to the drugs having such chemical composition, including any of its isomers or derivatives in any form. Paramethoxyamphetamine (PMA), Trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB) and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirement, as determined and promulgated by the Board in accordance to Section 93, Art XI of this Act of R.A. 9165.  

 

ACTS PUNISHABLE UNDER THE LAW  

1. Importation of any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived thereform even for floral, decorative and culinary purposes.
2. Importation of any controlled precursor and essential chemical.
3. Importation of any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry. 
4. Organizing, managing, or acting as a “financier” of any of the illegal activities penalized under Section 4 of the Law.
5. Acting as “protector/coddler” of anyone who violates Section 4 of the Law.
6. Sale, trading, administration, dispensation, distribution and transportation of dangerous drugs, regardless of quantity and purity involved, or acting as a broker in any of such transactions. 
7. Sale, trading, administration, dispensation, distribution and transportation of any controlled precursor and essential chemical, or acting as a broker in such transaction.
8. Use by drug pushers of minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the trade of dangerous drugs and/or controlled precursor and chemicals.
9. Acting as a protector/coddler of any violator of the provision of Sec. 5.
10. Maintenance of a Den, Dive or Resort where any dangerous drug  is used or sold in any form.
11. Maintenance of a Den, Dive or Resort where any controlled precursors and essential chemical is used or sold in any form.   
12. Acting as “protector/coddler” of a maintainer of a Den, Dive, or Resort  
13. Employees and Visitors of a Den, Drive, or Resort
14. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
15. Acting as a protector or coddler of any violator of Sec. 8
16. Illegal Chemical Diversion of Controlled Precursor and Essential Chemicals.
17. Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
18. Possession of Drug.
19. Possession of equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs
20. Possession of Dangerous Drugs During Parties, Social Gathering or Meetings.
21. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs during Parties, Social Gathering or Meetings.
22. Use of Dangerous Drugs.
23. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof.
24. Maintenance and keeping of Original Records of Transaction on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
25. Unnecessary Prescription of Dangerous Drugs
26. Unlawful Prescription of Dangerous Drugs
27. Attempt or Conspiracy to commit the following unlawful acts: (a) Importation of any dangerous drugs and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution, and transportation of any dangerous drug and/or controlled  precursor and essential chemical; (c) Maintenance of a den, dive, or resort where dangerous drugs is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or culture of plants which are sources of dangerous drugs.  

CRIMINAL LIABILITY OF ALIENS, OFFICERS OF PARTNERSHIP, CORPORATION, ASSOCIATIONS, OR OTHER JURIDIUCAL ENTITIES 

1. In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of the Law, after service n case the violation of the Law is committed by a partnership, corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal.
2. The penalty provided for the offense under the Law shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, aircraft, equipment or other facility as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation, or manufacture of dangerous drugs, or chemical diversion, if such vehicle, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. 

CRIMINAL LIABLITY OF PUBLIC OFFICERS OR EMPLOYEES  

1.  Any public officer or employee who (1) misappropriates, (2) misapplies or (3) fails to account for confiscated, seized or surrendered drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts punished under the Law shall be penalized with life imprisonment to death and a fine ranging fromP500,000.00 to P10,000,000.00 and with perpetual disqualification from any public office (Sec.27).
2. Any government official or employee found guilty of the unlawful acts punished under the Law shall be imposed the maximum penalties provided for the offense and shall be absolutely perpetually disqualified from holding any public office. (Sec. 28). 

CRIMINAL LIABILITY OF ELECTIVE LOCAL OR NATIONAL OFFICIALS WHO BENEFITS FROM DRUG TRAFFICKING – whether or not he know that it came from drugs, but the one who gave must be convicted first by final judgment.

 

 Any elective local or national official found to have (1) benefited from the proceeds of the trafficking of dangerous drugs as prescribed in the Law, or has (2) received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drug as prescribed in the law, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or controlled corporations (\sec.27) 

 

CRIMINAL LIABILITY OF PRIVATE INDIVIDUAL

• Any person found guilty of “planting” any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall be punished with death. (Sec. 29).
•  Any person violating any regulation issued by the Dangerous Drug Board shall be punished with imprisonment ranging from 6 months and 1 day to 4 years and a fine ranging from P10,000.00 to P50,000.00 in addition to the administrative sanction which may be imposed by the Board (Sec. 32)   
• CRIMINAL LIABILITY FOR PLANTING OF EVIDENCE 

Any person who is found guilty of planting nay dangerous drug and/ or controlled precursor and essential chemicals, regardless of quantity and purity, shall suffer the penalty of death. (Sec. 29). Previosly, only law enforcement agent maybe held liable (R.A. 7659).  

ACCESSORY PENALTIES

 

Any person convicted under this Law (R.A.9165 ) shall be disqualified to exercise his/her civil rights such as, but not limited to, the right of parental authority or guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction (Sec.35)    

AGGRAVATING CIRCUMSTANCES IN DRUG RELATED CASES

 

1.) If the importation or bringing into the Philippines of any dangerous drugs and/or controlled precursor and essential chemicals was done through the use of diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same

 

2.) The sale trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpired within one hundred (100) meters from the school

 

3.)  The drug pusher use minors or mentally incapacitated individuals as runners, couriers and messenger, or in any other capacity directly connected to the dangerous drug and/or controlled precursor and essential chemical trade.

 

4.) The victim of the offense is a minor or mentally incapacitated individual, or should a dangerous drug and/or controlled precursor and essential chemicals involved `in any offense be the proximate cause of death of a victim.

 

5.) In case the clandestine laboratory is undertaken or established under the following circumstances:

 

a.)  Any phase of the manufacturing process was conducted in the presence or with the help of minor/s

b.)  Any phase of manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises.

c.)  Any clandestine laboratory was secured or protected with booby traps.

d.)  Any clandestine laboratory was concealed with legitimate business operations.

e.)  Any employment of a practitioner, chemical engineer, public official or foreigner.

 

6.) In case the person uses a minor or a mentally incapacitated individual to deliver equipment, instrument, apparatus and other paraphernalia use for dangerous drugs. 

 

7.) Any person found possessing any dangerous drug during a party, or a social gathering or meeting, or in the proximate company of at least two (2) person.

 

8.) Possession or having under his/her control any equipment, instrument, apparatus and other paraphernalia fit of intended for smoking, consuming, administering, injecting, ingesting or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.  

WHAT ARE THE PRIVILEGE NOT AVAILABLE TO VIOLATOR OF THIS ACT?

 

1.)   Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.

2.)   Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law of P.D. No. 968, as amended, except minors who are first-time offenders.  

 

Note: Pendency of appeal suspends the right of the accused ;  Rights to Self-incrimination does not refer to giving blood.    

IMMUNITY FROM PROSECUTION AND PUNISHMENT

 

Immunity from Prosecution and punishment – Notwithstanding the provision of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefits Act of 1991, any person who has violated Sections 7,11, 12, 14, 15 and 19, Article II of this Act, who voluntarily gives information about any violation of Section 4, 5, 6, 8, 13 and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by drug syndicate, or of any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against  such persons as described above, shall be exempted from the prosecution or punishment for the offense with reference to which his/her information of testimony in bar of such prosecution; Provided, that the following condition concur: 

• The information and testimony are necessary for the conviction of the person described above;
• Such information are not yet in the possession of the State;
• Such information and testimony can be corroborated on its material points;
• The informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and
• The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. 

Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given. Provide, finally, that there is no direct evidence available for the State except for the information and testimony of the said informant or witness.  

TERMINATION OF THE GRANT OF IMMUNITY

 

     The immunity above-granted shall not attach should it turn out subsequently that the information and/or testimony is false, malicious, or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in Section 33 against whom such information or testimony is directed. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under the Law or any other law, decree or order shall be deemed terminated.

 

     In case the informant or witness under the Law fails or refuse to testify without just cause, and when lawfully obliges to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity shall be removed and he/she shall be likewise be subjected to contempt and/or criminal prosecution, as the case may be and the enjoyment of all rights and benefits previously accorded him under the Law or in any other law, decree or order shall be deemed terminated. (Sec 34.)

 

    In case the informant or witness referred to under the Law falls under the applicability of Section 34, such individual cannot avail of the provision under Article VIII of the Law.