Philippine Special Penal Laws

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1
What Philippine law is known as the Anti-Fencing Law of 1979?
Presidential Decree No. 1612.
2
What is fencing under PD 1612?
Knowingly dealing in property derived from robbery or theft, with intent to gain, through acts prohibited by the decree.
3
What is the distinction between fencing and theft?
Theft involves unlawful taking; fencing involves prohibited dealings in property obtained through robbery or theft.
4
Can a person be prosecuted for fencing without being the original thief?
Yes. Fencing is a distinct offense with its own elements.
5
What is the significance of possession of stolen goods under PD 1612?
Possession of property that is the subject of robbery or theft constitutes prima facie evidence of fencing under the decree.
6
What law penalizes the issuance of certain worthless checks?
Batas Pambansa Blg. 22, the Bouncing Checks Law.
7
What is the primary conduct penalized by BP 22?
Making, drawing, and issuing a check under circumstances specified by the law when it is subsequently dishonored.
8
Is BP 22 limited to checks issued to pay a preexisting debt?
No. Its application is not limited to checks issued for preexisting obligations.
9
What is the significance of written notice of dishonor in BP 22 cases?
It is important to establishing the statutory presumption of knowledge of insufficient funds and the opportunity to make payment or arrangements.
10
What is the five-banking-day period under BP 22?
The period after receipt of written notice of dishonor within which the drawer may pay the holder or make acceptable payment arrangements under the law.
11
What is the distinction between estafa involving a check and a BP 22 offense?
Estafa requires the applicable elements of deceit and damage; BP 22 punishes specified issuance of a dishonored check regardless of those separate elements.
12
What is Republic Act No. 8293?
The Intellectual Property Code of the Philippines, as amended.
13
What are the three major areas of intellectual property covered by RA 8293?
Copyright, patents, and trademarks, together with related intellectual property rights.
14
What is copyright infringement?
Unauthorized use of a protected work in violation of the copyright owner's exclusive rights, subject to statutory limitations and exceptions.
15
What is trademark infringement?
Unauthorized use of a mark in a manner satisfying the statutory elements of infringement, including likelihood of confusion where required.
16
What is unfair competition under intellectual property law?
Passing off one's goods, services, or business as those of another through deceptive practices covered by law.
17
What is Republic Act No. 8485, as amended by RA 10631?
The Animal Welfare Act of 1998, as amended.
18
What is the general purpose of the Animal Welfare Act?
To protect animal welfare and penalize specified acts of cruelty, neglect, and abuse.
19
What is Republic Act No. 9147?
The Wildlife Resources Conservation and Protection Act.
20
What does RA 9147 generally regulate?
Collection, possession, transport, trade, and protection of wildlife and wildlife resources.
21
What is Republic Act No. 9003?
The Ecological Solid Waste Management Act of 2000.
22
What is the purpose of RA 9003?
To establish an ecological solid waste management framework and prohibit specified improper waste disposal practices.
23
What is Republic Act No. 9275?
The Philippine Clean Water Act of 2004.
24
What does RA 9275 primarily address?
Water quality management, prevention of water pollution, and enforcement of related standards.
25
What is Republic Act No. 8749?
The Philippine Clean Air Act of 1999.
26
What is the principal purpose of RA 8749?
To protect air quality through pollution prevention, regulation, and enforcement.
27
What is Republic Act No. 11038?
The Expanded National Integrated Protected Areas System Act of 2018.
28
What is the significance of RA 11038 to criminal enforcement?
It establishes and strengthens prohibitions and penalties for specified harmful activities within protected areas.
29
What is Presidential Decree No. 705, as amended?
The Revised Forestry Code of the Philippines.
30
What is the general criminal-law relevance of PD 705?
It penalizes specified unlawful cutting, gathering, possession, and transport of forest products.
31
What is Republic Act No. 8550, as amended by RA 10654?
The Philippine Fisheries Code, as amended.
32
What fisheries violations are commonly addressed under the Fisheries Code?
Illegal fishing methods, prohibited fishing activities, and violations involving protected aquatic resources.
33
What is Republic Act No. 10121?
The Philippine Disaster Risk Reduction and Management Act of 2010.
34
What is the principal purpose of RA 10121?
To establish a comprehensive framework for disaster risk reduction, preparedness, response, and recovery.
35
What is Republic Act No. 10821?
The Children's Emergency Relief and Protection Act.
36
What is the principal purpose of RA 10821?
To protect children affected by disasters and emergencies through specified government safeguards and services.
37
What is Republic Act No. 11166?
The Philippine HIV and AIDS Policy Act.
38
What is the relevance of RA 11166 to confidentiality?
It establishes protections for HIV-related information and penalizes specified unlawful disclosures and discriminatory acts.
39
What is Republic Act No. 10951?
The law adjusting fines and property-value thresholds for numerous offenses under the Revised Penal Code.
40
Why is RA 10951 important in criminal-law examinations?
It changed monetary thresholds and penalties for several Revised Penal Code offenses.
41
What is Republic Act No. 11573?
A law improving confirmation of imperfect titles to alienable and disposable agricultural lands.
42
What is the general distinction between an administrative violation and a criminal offense?
An administrative violation is addressed through regulatory sanctions; a criminal offense requires proof of elements established by penal law.
43
What is the principle of legality in criminal law?
No act may be punished as a crime without a law defining and penalizing it.
44
What is the rule of lenity?
A genuine ambiguity in a penal statute, after ordinary interpretation, is generally resolved in favor of the accused.
45
What is mala in se?
Conduct considered inherently wrongful, commonly associated with crimes under the Revised Penal Code.
46
What is mala prohibita?
Conduct punishable because a statute prohibits it, even if it is not inherently immoral.
47
Does classification as mala prohibita eliminate the need to prove statutory elements?
No. Every element required by the applicable penal statute must still be proved.
48
What is the principle of strict construction of penal statutes?
Penal laws are interpreted strictly against the State and liberally in favor of the accused when genuine ambiguity remains.
49
What is the prohibition against ex post facto criminal laws?
The Constitution forbids specified retroactive laws that criminalize previously innocent conduct or otherwise unlawfully worsen criminal liability.
50
What is a bill of attainder?
A legislative act imposing punishment on identified persons or groups without a judicial trial.
51
Which constitutional provision prohibits ex post facto laws and bills of attainder?
Article III, Section 22 of the 1987 Philippine Constitution.
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