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Criminal Penal Laws in PH, Slides of Law

Bicol University (BU)Law

The content of this document includes Criminal Penal Laws in PH

Typology: Slides

2023/2024

Available from 06/30/2025

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Seychelle Jessa S. Mirabel
CRIMINAL LAW II
GROUP E / JD - 1 E students
Janna Dañas
Glorei Allelu N. Lindio 1. Vagrancy
2.RA 8042 as amended by RA 10022
3.Illegal Recruitment
4. Distinction between Malfeasance,
Misfeasance and Nonfeasance
5.Public Officer/ Public Officials
6. Arias Principle
TOPICS:
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Download Criminal Penal Laws in PH and more Slides Law in PDF only on Docsity!

Seychelle Jessa S. Mirabel

CRIMINAL LAW II GROUP E / JD - 1 E students

Janna Dañas

Glorei Allelu N. Lindio

  1. Vagrancy 2.RA 8042 as amended by RA 10022 3.Illegal Recruitment
  2. Distinction between Malfeasance, Misfeasance and Nonfeasance 5.Public Officer/ Public Officials
  3. Arias Principle TOPICS:

V A G R A N C Y

CRIMINAL LAW II

Glorei Allelu N. Lindio

Title VI Vagrancy and Prostitution (Art. 202 )

VAGRANTS under Article 202 , prior to its amendment:

1. Any person having no apparent means of subsistence,

who has the physical ability to work and who neglects

to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-

public buildings or places, or tramping or wandering

about the country or the streets without visible means

of support;

3.Any idle or dissolute person who lodges of houses of

ill-fame; ruffians or pimps and those who habitually

associate with prostitutes;

4. Any person who, not being included in the provisions

of other articles of this Code, shall be found loitering in

any inhabited or uninhabited place belonging to

another without any lawful or justifiable purpose.

CRIMES AGAINST PUBLIC MORALS

Title VI Vagrancy and Prostitution (Art. 202 ) Amendment to Article 202 of the Revised Penal Code

  • The amendment specifically redefines the term "prostitutes" to include women who engage in sexual intercourse or lascivious conduct for money or profit.
  • The penalties for those found guilty of offenses related to prostitution are outlined, with a distinction made between first-time offenders and recidivists.
  • First-time offenders may face a penalty of arresto menor or a fine not exceeding 200 pesos.
  • Recidivists may face more severe penalties, including arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from 200 to 2 , 000 pesos, or both, at the court's discretion. CRIMES AGAINST PUBLIC MORALS

Title VI Vagrancy and Prostitution (Art. 202 )

  • The term is applicable only to a woman who, for money or profit, habitually engages in sexual intercourse or lascivious conduct. A man who engages in the same conduct is not a prostitute but a vagrant.
  • His acts may also be punished under city/municipal ordinances.
  • One who conspires with a woman in the prostitution business like pimps, taxi drivers or solicitors of clients are guilty of the crime under Art. 341 of the RPC for white slavery. CRIMES AGAINST PUBLIC MORALS

Title VI Vagrancy and Prostitution (Art. 202 )

Persons below 18 years of age shall be

exempt from prosecution for the crime of

prostitution under Art. 202 of the RPC, such

prosecution being inconsistent with the

United Nations Convention on the Rights of

the Child; Provided, that said persons shall

undergo appropriate counselling and

treatment program. (Sec. 58 , R.A. No. 9344 )

CRIMES AGAINST PUBLIC MORALS

The Migrant Workers and Overseas Filipinos Act, specifically amended by Republic Act No. 10022, strengthens protections against illegal recruitment by outlining specific rights and providing guidelines for government intervention.

SEC. 5. Section 6 of Republic Act No. 8042 , as amend is hereby amended to read as follows: "SEC. 6. Definition. — For purposes of this Act illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non- licensee or non-holder of authority contemplated under Article 13 (f) of Presidential Decree No. 442 , as amended, otherwise known as the Labor Code of the Philippines: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority: "(a) To charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance; "(b) To furnish or publish any false notice or information or document in relation to recruitment or employment;

"(g) To obstruct or attempt to obstruct inspection by the Secretary of Labor and Employment or by his duly authorized representative; "(h) To fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment; "(i) To substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment; "(j) For an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency;

"(k) To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations; "(l) Failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment; "(m) Failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker's fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage: and "(n) To allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency. "Illegal recruitment 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.

Elements of Illegal Recruitment To establish illegal recruitment under Philippine law, the following elements must be proven:

  1. Recruitment Activity The accused undertakes recruitment and placement activities as defined under Article 13(b) of the Labor Code: ⚬ "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers, including referrals, contract services, and promising employment abroad, for a fee or not.
  2. Absence of a License or Authority The recruiter does not possess a valid license or authority issued by the Department of Migrant Workers (DMW) or the Department of Labor and Employment (DOLE).
  3. Existence of Fraud or Misrepresentation There is evidence of deceit, false promises, or misrepresentation to induce the victim to engage with the recruiter.
  4. Illegal Acts (if applicable) Acts expressly prohibited under the Labor Code or related laws, such as charging excessive placement fees, recruitment by non-authorized entities, or deployment to prohibited countries.

R.A. No. 8042 , a non-licensee or non-holder of authority is liable for Illegal

Recruitment when the following elements concur:

( 1 ) the offender has no valid license or authority required by law to enable him to

lawfully engage in recruitment and placement of workers; and

( 2 ) the offender undertakes any of the activities within the meaning of “recruitment

and placement” under Art. 13 (b) of the LC or any of the prohibited practices

enumerated under Art. 34 of the LC (now Sec. 6 of R.A. No 8042 ).

In the case of Illegal Recruitment in Large Scale, a third element is added: that the

offender commits any of the acts of recruitment and placement against three or more

persons, individually or as a group.

Types of Illegal Recruitment

  • Prescription of action: 20 years. (Sec. 12 , R.A. No. 8042 , as amended by R.A. No.

3. Illegal Recruitment Committed by a Syndicate

Also defined under Section 6 of R.A. No. 8042 :

  • Recruitment is deemed syndicated if carried out by a group of three or more

persons conspiring to commit illegal acts.

  • This typically involves organized schemes targeting vulnerable job seekers.

4. Qualified Illegal Recruitment

A more severe form of illegal recruitment involving:

  • Offenses committed against minors.
  • Deployment of workers to war zones, unsafe regions, or countries banned by the

Philippine government.

  • Perpetrators who have been previously convicted of illegal recruitment.

The Court laid down the rule in People vs. Goce, G.R. No. 113161 , August 29 , 1995 , that to prove that the accused was engaged in RECRUITMENT ACTIVITIES, it must be shown that the accused gave the complainant the distinct impression that she had the power or ability to send the complainant abroad for work , such that the latter was convinced to part with her money in order to be so employed. Where such act or representation is not proven, there is no recruitment activity and conviction for illegal recruitment has no basis. RECRUITMENT ACTIVITY