Philippine Special Penal Laws

Presidential Decree No. 1612.

Knowingly dealing in property derived from robbery or theft, with intent to gain, through acts prohibited by the decree.

Theft involves unlawful taking; fencing involves prohibited dealings in property obtained through robbery or theft.

Yes. Fencing is a distinct offense with its own elements.

Possession of property that is the subject of robbery or theft constitutes prima facie evidence of fencing under the decree.

Batas Pambansa Blg. 22, the Bouncing Checks Law.

Making, drawing, and issuing a check under circumstances specified by the law when it is subsequently dishonored.

No. Its application is not limited to checks issued for preexisting obligations.

It is important to establishing the statutory presumption of knowledge of insufficient funds and the opportunity to make payment or arrangements.

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.

Estafa requires the applicable elements of deceit and damage; BP 22 punishes specified issuance of a dishonored check regardless of those separate elements.

The Intellectual Property Code of the Philippines, as amended.

Copyright, patents, and trademarks, together with related intellectual property rights.

Unauthorized use of a protected work in violation of the copyright owner's exclusive rights, subject to statutory limitations and exceptions.

Unauthorized use of a mark in a manner satisfying the statutory elements of infringement, including likelihood of confusion where required.

Passing off one's goods, services, or business as those of another through deceptive practices covered by law.

The Animal Welfare Act of 1998, as amended.

To protect animal welfare and penalize specified acts of cruelty, neglect, and abuse.

The Wildlife Resources Conservation and Protection Act.

Collection, possession, transport, trade, and protection of wildlife and wildlife resources.

The Ecological Solid Waste Management Act of 2000.

To establish an ecological solid waste management framework and prohibit specified improper waste disposal practices.

The Philippine Clean Water Act of 2004.

Water quality management, prevention of water pollution, and enforcement of related standards.

The Philippine Clean Air Act of 1999.

To protect air quality through pollution prevention, regulation, and enforcement.

The Expanded National Integrated Protected Areas System Act of 2018.

It establishes and strengthens prohibitions and penalties for specified harmful activities within protected areas.

The Revised Forestry Code of the Philippines.

It penalizes specified unlawful cutting, gathering, possession, and transport of forest products.

The Philippine Fisheries Code, as amended.

Illegal fishing methods, prohibited fishing activities, and violations involving protected aquatic resources.

The Philippine Disaster Risk Reduction and Management Act of 2010.

To establish a comprehensive framework for disaster risk reduction, preparedness, response, and recovery.

The Children's Emergency Relief and Protection Act.

To protect children affected by disasters and emergencies through specified government safeguards and services.

The Philippine HIV and AIDS Policy Act.

It establishes protections for HIV-related information and penalizes specified unlawful disclosures and discriminatory acts.

The law adjusting fines and property-value thresholds for numerous offenses under the Revised Penal Code.

It changed monetary thresholds and penalties for several Revised Penal Code offenses.

A law improving confirmation of imperfect titles to alienable and disposable agricultural lands.

An administrative violation is addressed through regulatory sanctions; a criminal offense requires proof of elements established by penal law.

No act may be punished as a crime without a law defining and penalizing it.

A genuine ambiguity in a penal statute, after ordinary interpretation, is generally resolved in favor of the accused.

Conduct considered inherently wrongful, commonly associated with crimes under the Revised Penal Code.

Conduct punishable because a statute prohibits it, even if it is not inherently immoral.

No. Every element required by the applicable penal statute must still be proved.

Penal laws are interpreted strictly against the State and liberally in favor of the accused when genuine ambiguity remains.

The Constitution forbids specified retroactive laws that criminalize previously innocent conduct or otherwise unlawfully worsen criminal liability.

A legislative act imposing punishment on identified persons or groups without a judicial trial.

Article III, Section 22 of the 1987 Philippine Constitution.