1. New provision on the Probation Law (must memorize).

SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court
may, after it shall have convicted and sentenced a defendant for a probationable
penalty and upon application by said defendant within the period for perfecting
an appeal, suspend the execution of the sentence and place the defendant on
probation for such period and upon such terms and conditions as it may deem
best. No application for probation shall be entertained or granted if the defendant
has perfected the appeal from the judgment of conviction: Provided, That when
a judgment of conviction imposing a non-probationable penalty is appealed or
reviewed, and such judgment is modified through the imposition of a
probationable penalty, the defendant shall be allowed to apply for probation
based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial
court where the judgment of conviction imposing a non-probationable penalty
was rendered, or in the trial court where such case has since been re-raffled. In a
case involving several defendants where some have taken further appeal, the
other defendants may apply for probation by submitting a written application and
attaching thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution
of the sentence imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he
seek a review of the modified decision which already imposes a probationable
penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment

or a fine only. The filing of the application shall be deemed a waiver of the right to
appeal.

“An order granting or denying probation shall not be appealable.”

2. Elements of acts punishable under the Human Security Act (RA 9372).
Elements:
1. Is perpetrated by any person who commits the following predicate crimes:
a. Piracy
b. Highway robbery
c. Hijacking
d. Rebellion
e. Coup d etat;
f. Murder
g. Kidnapping and serious illegal detention;
h. Crimes involving destruction under
i. Pd 1613 (LAW ON ARSON)
ii. RA 6969( toxic waste and hazardous substance and nuclear
waste control act
iii. Ra 5207 (atomic energy regulatory act
i. Arson
j. Crimes involving unlicensed and loosed firearms

3. New rules on RA 10591.

 Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose
firearm, when inherent in the commission of a crime punishable under the Revised
Penal Code or other special laws, shall be considered as an aggravating
circumstance: Provided, That if the crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty which is lower than that prescribed
in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime charged:
Provided, further, That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is equal to that imposed
under the preceding section for illegal possession of firearms, the penalty of prision
mayor in its minimum period shall be imposed in addition to the penalty for the
crime punishable under the Revised Penal Code or other special laws of which
he/she is found guilty.

4. Definition of a loose firearm under RA 10591.

Loose firearm refers to an unregistered firearm, an obliterated or altered firearm,
firearm which has been lost or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.

5. Definition of “qualified trafficking in persons” and the penalty.

Section 6. Qualified Trafficking in Persons. - The following are considered as
qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise
known as the "Inter-Country Adoption Act of 1995" and said adoption is for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is

deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who
exercises authority over the trafficked person or when the offense is committed
by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any
member of the military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies;
and

(g) When by reason or on occasion of the act of trafficking in persons, the

offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).
 Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);

6. Rule on plea bargaining under the Comprehensive Dangerous Drugs Act?

7. Crimes Against Persons.

8. Ways of committing the crime of rape. Elements of each.

1. Rape through sexual intercourse

a. The offender is a man;
b. That he has carnal knowledge with a woman;
c. Under the following circumstances:
i. Through force or intimidation;
ii. When the offended party is deprived of reason or otherwise
unconscious;
iii. By means of fraudulent machination or grave abuse of
authority; or
iv. When the offended party is under 12 years of age or is
demented.
2. Rape through sexual assault
a. 1st instance
i. That the offender is a man
ii. That he inserts his penis into the mouth or anal orifice of another
person
iii. Under the same circumstances of rape through sexual
intercourse;
b. 2nd instance
i. Offender is a man or a woman
ii. That the offender inserts any instrument to the genital or anal
orifice of another person
iii. Under the circumstance of rape through sexual intercourse

9. Definition of grooming luring and pandering under Section 4 of the Anti-Child

Pornography Act.
h) "Grooming" refers to the act of preparing a child or someone who the offender
believes to be a child for sexual activity or sexual relationship by communicating
any form of child pornography. It includes online enticement or enticement
through any other means.

(i) "Luring" refers to the act of communicating, by means of a computer system,

with a child or someone who the offender believes to be a child for the purpose
of facilitating the commission of sexual activity or production of any form of child
pornography.(2) Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or

distributing through any means any material or purported material that is
intended to cause another to believe that the material or purported material
contains any form of child pornography, regardless of the actual content of the
material or purported material.
10. Rule if the paramour is the one who invokes self-defense when caught in the act.

11. Rule if husband kills identical twin of wife when caught in the act.

12. Crimes Against Personal Liberty and Security.

13. Persons liable for violation of the Anti-Hazing Law.

1. Principals
a. the officers and members of the fraternity, sorority or organization who
actually participated in the infliction of physical harm shall be liable as
principals
b. The officers, former officers, or alumni of the organization, group,
fraternity or sorority who actually planned the hazing although not
present when the acts constituting the hazing were committed shall be
liable as principals.
c. A fraternity or sorority's adviser who is present when the acts constituting
the hazing were committed and failed to take action to prevent the
same from occurring shall be liable as principal.
d. If the hazing is held in the home of one of the officers or members of the
fraternity, group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from
occurring.

2. Accomplice
a. The owner of the place where hazing is conducted shall be liable as an
accomplice, when he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from
occurring.
b. The school authorities including faculty members who consent to the
hazing or who have actual knowledge thereof, but failed to take any
action to prevent the same from occurring shall be punished as
accomplices for the acts of hazing committed by the perpetrators.

14. What qualifies the offense of hazing?

If death, rape, sodomy or mutilation results from the hazing, there principals are
liable for reclusion perpetua.

15. Attempt to commit child prostitution under Section 6 of RA 7610.

Section 6. 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.

16. Anti-torture law.

a) "Torture" refers to an act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession; punishing him/her for an act
he/she or a third person has committed or is suspected of having committed; or
intimidating or coercing him/her or a third person; or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person in authority or
agent of a person in authority. It does not include pain or Buffering arising only
from, inherent in or incidental to lawful sanctions.

17. Crimes Against Property.

18. Ways of committing the crime of estafa.

Article 315. Swindling (estafa). - Any person who shall defraud another by any of
the means

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods,

or any other personal property received by the offender in trust or on commission,
or for administration, or under any other obligation involving the duty to make
delivery of or to return the same, even though such obligation be totally or
partially guaranteed by a bond; or by denying having received such money,
goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank,
and by writing any document above such signature in blank, to the prejudice of
the offended party or of any third person.

2. By means of any of the following false pretenses or fraudulent acts executed

prior to or simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence,

qualifications, property, credit, agency, business or imaginary transactions, or by
means of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or
business.
(c) By pretending to have bribed any Government employee, without prejudice
to the action for calumny which the offended party may deem proper to bring
against the offender. In this case, the offender shall be punished by the maximum
period of the penalty.

(d) By post-dating a check, or issuing a check in payment of an obligation when

the offender therein were not sufficient to cover the amount of the check. The
failure of the drawer of the check to deposit the amount necessary to cover his
check within three (3) days from receipt of notice from the bank and/or the
payee or holder that said check has been dishonored for lack of insufficiency of
funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)

(e) By obtaining any food, refreshment or accommodation at a hotel, inn,

restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager thereof,
or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or
apartment house by the use of any false pretense, or by abandoning or
surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food,
refreshment or accommodation therein without paying for his food, refreshment
or accommodation.

3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling

game.

(c) By removing, concealing or destroying, in whole or in part, any court record,

office files, document or any other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum
and medium period and a fine of not less than the value of the damage caused
and not more than three times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey,
sell, encumber or mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of
the same, although such encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
 5. Any person who shall accept any compensation given him under the belief
that it was in payment of services rendered or labor performed by him, when in
fact he did not actually perform such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or civil
action, without express authority from the court or before the cancellation of his
bond or before being relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real property or properties with
which he guaranteed the fulfillment of such obligation.

19. Anti-Photo and Video Voyeurism Act.

d) "Photo or video voyeurism" means 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.

20. Rules on Adultery and Concubinage.

21. Birth certificate simulation under the RPC and Anti-Trafficking Act.

Simulation of birth is committed by any person who shall simulate birth for
another. (art. 347, RPC) Simulation of birth is the tampering of the civil registry
making it appear in the birth records that a certain child was born to a person
who is not his/her biological mother, causing such child to lose his or her true
identity or status.

RA 9208 Section 5. Acts that Promote Trafficking in Persons. - The following acts
which promote or facilitate trafficking in persons, shall be unlawful:

(b) To produce, print and issue or distribute unissued, tampered or fake

counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;

22. Elements and rules in libel.

Article 353. Definition of libel. - A libel is public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one who is dead.
Elements:

1. The writing or the utterrance must be defamatory

2. It must be malicious
3. It must be given publicity; and
4. The victim must be identifiable.