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JUVENILE JUSTICE & WELFARE ACT (b) report to the probation officer at least once

a month at such time and place as specified


ARPON V. PP by said officer.
- Determination of age (18 yrs below) Discretionary condition
- Evidence regardingthe minority –
testimonies of other person, physical additional conditions, listed in the same
appearance, Section 10 of the Probation Law, which the
courts may additionally impose on the
- Min. age crim. Respoonsibity – less
probationer towards his correction and
than
rehabilitation outside of prison. Should be
15 = exempted realistic, purposive and geared to help the
probationer develop into a law-abiding and
15-18 = exempt crim liability subject to self-respecting individual
intervention program (w/out discernment)
PP. V. PAREDES
GROUNDS FOR DENIAL OF PROBATION
- Youthful offender – child, minor,
SANTOS V. CA
youth who is over 9 but below 18 at
the time of commission of the crime - Probation is not a right of an accused
but a mere privilege, an act of grace
INDETERMINATED SENTENCE LAW
and clemency or immunity conferred
VOCA V. CA by the state, which may be granted to
a seemingly deserving defendant who
- It would best serve the ends of thereby escapes the extreme rigors of
criminal justice if in fixing the the penalty imposed by law for the
penalty within the range of offense for which he was convicted. 8
discretion allowed by §1, par. 1, The primary objective in granting
the same philosophy underlying probation is the reformation of the
the Indeterminate Sentence Law probationer. Courts must be
is observed, namely, that of meticulous enough to ensure that the
redeeming valuable human material ends of justice and the best interest of
and preventing unnecessary the public as well as the accused be
deprivation of personal liberty and served by the grant of probation. 9
economic usefulness with due
Probation is a just privilege the grant
regard to the protection of the social
of which is discretionary upon the
order
court. Before granting probation, the
BACAR V. DE GUZMAN court must consider the potentiality of
the offender to reform, together with
- Application of ISL is mandatory the demands of justice and public
except in certain issues interest, along with other relevant
circumstances. 10 The courts are not
to limit the basis of their decision to
PROBATION LAW the report or recommendation of the
probation officer, which is at best only
BACLAYON V. MUTIA persuasive
- Probation should be preliminary for
- displayed a devious and reprehensible
the benefit of organized society and character in trying to evade the
should consider the demands of implementation of the execution
justice and public interest. against her
Mandatory condition
COLINARES V. PP
(a) present himself to the probation officer - Gen. rule: no application for probation
designated to undertake his supervision at if defendant has perfected the appeal
such place as may be specified in the order from the judgment of conviction
within 72 hours from receipt of said order, and - Xpn.: if convicted with other crim

PRESCRIPTIVE PERIOD FOR SPECIAL


LAW AND MUNICIPAL LAW
PP. PACIFICADOR ● Planting of firearms, ammunition or
parts thereof as evidence
- From day of commission of violation or
from day of discovery of such violation
● Failure to notify lost or stolen firearm
- Filing of information will interrupt such ● Illegal transfer or registration of
prescription firearm
● Fraudulent facilitation of the
registration of a firearm by a public
ILLEGAL POSSESSION OF FIREARMS & officer
AMMUNITION
CHILD ABUSE LAW
RA 10591: Comprehensive Firearms and
Acts punished
Ammunition Regulation Act
- Child prostitution
Loose firearms - Child trafficking
● Refers to - Obscene publication and indecent
○ unregistered firearm, shows
○ an obliterated or altered - Acts of Neglect, Abuse, Cruelty or
firearm, Exploitation and Other Conditions
○ firearm which has been lost Prejudicial to the Child’s
or stolen Development.
○ illegally manufactured Persons liable
firearms - Parents who concels, abandoned,
○ firearm which has no permit neglect, refuse educ, absences to
school (20 days), exploit to begging,
from govt
child prosti.
● Possession of loose firearms is
illegal SANCHEZ V. PP
● Use is punishable by law
Child prostitution

(a) Those who engage in or promote, facilitate


Punishable acts under RA 10591 or induce child prostitution which include, but
● Mere possession is punishable as are not limited to, the following:
loose firearm (1) Acting as a procurer of a child prostitute;
“Mere possession” contemplates major
(2) Inducing a person to be a client of a child
parts like trigger and ammunitions, not
prostitute by means of written or oral
necessarily the whole firearm
advertisements or other similar means;
“animus possidendi,” intent to possess is
taken into consideration (3) Taking advantage of influence or
relationship to procure a child as prostitute;
Kinds of possession (4) Threatening or using violence towards a
Actual - eg., in hot pursuit, loose firearm is child to engage him as a prostitute; or
recovered on the person of the accused
(5) Giving monetary consideration goods or
Constructive - eg., not found in the person
other pecuniary benefit to a child with intent to
of the accused but in his premises/property engage such child in prostitution.
Ownership in NOT an element, what is
important is there is actual/constructive Sexual Abuse
possession (b) Those who commit the act of sexual
intercourse of lascivious conduct with a
● Illegal manufacture, Importation, child exploited in prostitution or subject to
Sale, Disposition of firearms or other sexual abuse; Provided, That when
ammunitions or parts thereof the victims is under twelve (12) years of
● Arms smuggling age, the perpetrators shall be prosecuted
● Tampering, obliteration or alteration under Article 335, paragraph 3, for rape and
of firearms identification Article 336 of Act No. 3815, as amended,
● Use of imitation firearms the Revised Penal Code, for rape or
lascivious conduct, as the case may be:
Provided, That the penalty for lascivious 12 yrs below – acts of lasciviousness
conduct when the victim is under twelve
12-18 yrs – lascivious conduct
(12) years of age shall be reclusion
temporal in its medium period
PP. V. ABELO PP. V. SEREDON
“child” – 18 yrs below, or person over 18 - Best evidence rule
that are unable to fully protect themselves. - It is enough that victim testified her
age, the accused did not challenged
the age
PP. V. CA
PP. V. ABOLON
Sexual abuse – sex intercourse w/ minor or
lascivious conduct (sec. 5(b) Guidelines to establish minority of victim

Child abuse – maltreatment, include: - Prosecutor have the burden of proof


physical and emotional abuse (sec. 10) to establish minority of victim
ANTI-CHILD PORNOGRAPHY

PATULOT V. PP any representation, whether visual, audio,


or written combination thereof, by electronic,
- It does not matter the intent as long mechanical, digital, optical, magnetic or any
as it resulted damage to the other means, of a child engaged or involved
development of the child in real or simulated explicit sexual activities.
BANGAYAN V. PP
"Child" refers to a person below eighteen
- consent is a material factor in
(18) years of age or over but is unable to
determining the guilt of the accused
fully take care of, or protect, himself/herself
in cases involving sexual intercourse
from abuse, neglect, cruelty, exploitation or
with a child between 12 and 18
discrimination because of a physical or
years old under Republic Act No.
mental disability or condition.
7610
For the purpose of this Act, a child shall also
POSADAS V. CA
refer to:
12-18 yrs old victim – lascivious conduct
(1) a person regardless of age who is
under RA. 7610
presented, depicted or portrayed as a child
12 below – sexual assault (RPC Art. 266) as defined herein; and
(2) computer-generated, digitally or
manually crafted images or graphics of a
PP. V. NOCILO person who is represented or who is made
GUIDELINES to appear to be a child as defined herein.

SEX INTERCOURSE COMMITTED: Syndicated child pornography

12 yrs below – Statutory rape - if carried out by a group of three (3) or


more persons conspiring or confederating
7 yrs below – qualified rape with one another
12-18 yrs – sex thru force, intimidation, DESPUTABLE PRESUMTION – if a person
threat (Rape under RPC) have the possession of 3 or more of child
12-18 yrs – sex deemed exploited (rape porno, it is prima faxie have intent to sell
under RA 7610) ANTI-HUMAN TRAFICKING
Minor victim – consent is not a question
URSUA V. PP Presence of customer is not element in
Age of victim taken into consideration in trafficking in person.
designating the offense
CYBERCRIME PREVENTION ACT 1 withdrawal of financial support
-online libel, punishable of the original 2 deprivation or threat of deprivation of
author financial support
-aiding or abetting and attempt in 3. destroying of household property
commission of Illegal access, illegal
4 controlling of victim’s own money
interception, or data interference
Variance doctrine - allows the conviction of
an accused for a crime proved which is
ANTI-VAWC LAW different from but. necessarily included in
the crime charged
DINAMLING
ABUSE OUTSIDE TERRITORY
Psychological violence
-vawc is transitory or continuing crime,
Element:
hence even if crime committed or the act
1. offended party is a woman or her happened in Singapore, the RTC pasig
child have jurisdiction
2. woman is wife or ex-wife
3. offender cause woman or child
mental anguish PRESCRIPTION of filing
4. mental anguish is caused thru acts
SEC. 24 – 20 yrs – acts falling under 5 A-F
of public humiliation or ridicule
repeated verbal 10 yrs. – abuse G-I
ARAZA V. PP
Nuances of psychological violence SAFESPACES ACT
- the court does not punish the act of ESCANDOR V. PP
infidelity but the psychological
violence caused Categories of gender base sexual
- not important that psychological harassment
violence cause the woman insane 1 streets & public spaces
PROTECTIVE POLICIES 2 online
- purpose is not to put the accused to 3 in the workplace
disadvantage but for the protection
of victim 4 in educational & training institution
- TPO DOMINGO V. RAYALA
- BPO
- PPO Sexual harassment of public officer

BATTERED WOMAN SYNDROME – Three-fold liability


continuing justifying circumstance or Wrongful acts or omissions of a public
continuing defense officer may give rise to civil, criminal, and
Cycle of violence should be repeated two administrative liability.
times to use this as defense An action for each can proceed
1 tension building phase independently of the others.

2 acute battering incident This rule applies with full force to sexual
harassment.
3 the tranquil, loving
AQUINO V. ACOSTA
Economic Abuse
Elements of sexual harassment
MELGAR V. PP
1) The employer, employee, manager,
Economic abuse is: supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any
other person has authority, influence or a) To take photo or video coverage of a
moral ascendancy over another; person or group of persons performing
sexual act or any similar activity or to
2) The authority, influence or moral
capture an image of the private area of a
ascendancy exists in a working
person/s such as the naked or
environment;
undergarment clad genitals, public area,
3) The employer, employee, manager, buttocks or female breast without the
supervisor, agent of the employer, teacher, consent of the person/s involved and under
instructor, professor, coach, or any other circumstances in which the person/s
person having authority, influence or moral has/have a reasonable expectation of
ascendancy makes a demand, request or privacy;
requirement of a sexual favor.
(b) To copy or reproduce, or to cause to be
copied or reproduced, such photo or video
or recording of sexual act or any similar
VEDAÑA V. VALENCIA activity with or without consideration;
Under our system of governance, the very (c) To sell or distribute, or cause to be sold
tenets of our republican democracy or distributed, such photo or video or
presuppose that the will of the people is recording of sexual act, whether it be the
expressed, in large part, through the original copy or reproduction thereof; or
statutes passed by the Legislature. Thus,
the Court, in instances such as these, may (d) To publish or broadcast, or cause to be
take judicial notice of the heightened published or broadcast, whether in print or
sensitivity of the people to gender-related broadcast media, or show or exhibit the
issues as manifested through legislative photo or video coverage or recordings of
issuances. It would not be remiss to point such sexual act or any similar activity
out that no less than the Constitution itself through VCD/DVD, internet, cellular phones
has expressly recognized the invaluable and other similar means or device.
contributions of the women sector to
national development, thus the need to
provide women with a working environment
conducive to productivity and befitting their
dignity.
Court have authority to change the sensitivy
of law to fit the current societal norms

ANTI-PHOTO VOYARISM
the act of taking photo or video coverage of a
person or group of persons performing sexual
act or any similar activity or of capturing an
image of the private area of a person or
persons without the latter's consent, under
circumstances in which such person/s
has/have a reasonable expectation of privacy,
or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting
the photo or video coverage or recordings of
such sexual act or similar activity through
VCD/DVD, internet, cellular phones and
similar means or device without the written
consent of the person/s involved,
notwithstanding that consent to record or take
photo or video coverage of same was given
by such person's

ACTS PUNISHED –

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