PCPT JERICHO CARLO S POLICARPIO OCTOBER 17, 2021
PS OAC 2021-07 PT for SPL PENAL LAWS
PT II
I. Sometime in December, 1992, retired Lt. Col. Agaton, celebrating the first year of his compulsory
retirement from the Armed Forces of the Philippines, had in his company a fourteen (14) year-old girl
whose parents were killed by the Mt. Pinatubo eruption and being totally orphaned has been living or
fending for herself in the streets in Manila, they were alone in one room in a beach resort and stayed
there for two (2) nights. No sexual intercourse took place between them. Before they parted, retired
Lt. Col. Agaton gave the girl P1,000.00 for her services. She gladly accepted it.
1) What crime may the retired colonel be charged with, if any? Discuss.
Retired Lt. Colonel Agaton may be charged with Child Abuse.
As provided by RA 7610 There is an attempt to commit child prostitution
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.
Here, Lt Col. Agaton had in his company a fourteen (14) year-old girl and
were alone in one room in a beach resort and stayed there for two (2) nights.
2) What evidence can you utilize to ensure conviction?
To ensure conviction, the prosecution may prove that the child is not
related to him by affinity, or by consanguinity within the fourth degree. The
prosecution may also prove that his actions were not motivated by a bond
recognized in law, or local customs and traditions or that he was not acting in
pursuance of a moral, social, or legal duty.
3) Discuss if there are aggravating/qualifying circumstances in this case.
None. Since the act happened on 1992 where the applicable law was RA
7610, the provisions in RA 9208, and RA 10364 on aggravating and qualifying
circumstances on human trafficking is not yet applicable.
4) What are the problems encountered in the enforcement of Anti-human trafficking law and the
weaknesses of the law. Provide for its solutions.
One of the main problems would be the challenges of recovery, return
and (re)integration of trafficking victims since these issues are beyond
criminalization that require the attention and commitment of various
government agencies, NGOs, and stakeholders.
This problem may be solved with the strengthening of programs that
gives long term and short term supports to the victims of trafficking.
II. Rodolfo is an informer who told the police authorities that Aldo is a drug pusher. Policeman Taba
then posed as a buyer and persuaded Aldo to sell marijuana worth P10.00 to the former. Aldo agreed.
He delivered the goods and so was apprehended with the marked money. He is now prosecuted for
violation of the Dangerous Drugs Act.
a) Aldo's defense is that he was the victim of an instigation of the police who persuaded him to sell
the goods to him. Decide the case with reasons.
Aldo’s defense is untenable since what happened was
entrapment and not instigation. With or without the act of policeman
Taba, Aldo would have continued selling the Marijuana to other
buyers.
b) Suppose policeman Taba told Aldo that he (Taba) has a supply of marijuana and he persuaded Aldo
to sell it to him because he (Taba) needed the money badly. Aldo succeeded in selling P20.00 worth
of marijuana to Moye, What is the criminal liability of Aldo if apprehended in the act? Explain.
Aldo will not have any criminal liability because this is a case
of instigation where the crime would not have been committed were
it not for the instigation made by Policeman Taba. Instigation is an
exempting circumstance since it is against public policy.
c) Discuss chain of custody and its difficulty in its enforcement.
One of the most common defenses in the criminal
prosecution of drug cases under the Comprehensive Dangerous
Drugs Act of 2002 (R.A. No. 9165) is the failure of the prosecution to
establish the “chain of custody”.
The law prescribes a strict procedure for handling object
evidence, particularly the custody of confiscated dangerous drugs by
law enforcement agencies and by the courts.
Non-compliance with the said procedure renders the
evidence non-admissible, resulting in the eventual acquittal of the
accused if there is no other sufficient evidence to convict him.
If there are substantial gaps in the testimony of witnesses on
the chain of custody of the seized dangerous drugs, these raise
doubts about the authenticity of the evidence presented in court,
and therefore the accused cannot be convicted beyond reasonable
doubt.
III.
a. What could be the possible problem that police officers may encounter in the implementation of
the new anti-terrorism law and provide for the possible solutions thereto?
The long and tedious process of securing a Judicial Authorization. Possible solution
would be amendment of the law to make it less tedious, and to extend the validity of
Judicial Authorization.
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c. What are the common mistakes of apprehending police officers in drug related cases that resulted
to the acquittal of the accused?
1. The most common mistake of apprehending police officers in drug
related cases that results to the acquittal of the accused is improper
observance of the chain of custody rule.
2. Another mistake is when police officers conducted an instigation
instead of an entrapment.
3. Another would be non-appearance in case hearings because the
police officer was required to attend pulisteniks.
d. What are the possible solutions to these problems?
1. Non observance of Chain-Custody rule – Solution is to observe the
Chain of Custody Rule. Continuous training and mastery of apprehending
officers would solve this problem.
2. Making sure that entrapment was conducted and not instigation. The
criminal intent must come from the offender and not from the police officer.
3. ALWAYS ATTEND COURT HEARINGS.
e. Is there a need to amend the current law for dangerous drug in order to have a successful
prosecution of drug cases and suggest the possible amendments thereto.
No. The strictness of the law is also a safeguard against the abuse of the
law. The proper solution is proper implementation, and more training for our
law enforcers.
IV.
a. What are the punishable acts under RA No. 7610?
(1) Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of a child as a human
being;
(3) Unreasonable deprivation of his basic needs for survival, such
as food and shelter; or
(4) Failure to immediately give medical treatment to an injured
child resulting in serious impairment of his growth and
development or in his permanent incapacity or death.
b. What are acts of child abuse under the said law?
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscen publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal development of
children.
c. When is laying of hands to a child constitute child abuse and not merely physical injuries?
To be liable for child abuse, the following must be established:
(a) the offended party must be a minor;
(b) the accused committed any act by deeds or words, which
debases, degrades or demeans the intrinsic worth and dignity
of a child as a human being;
(c) the act or utterance was not done impulsively or
carelessly out of anger; and
(d) there must be a specific intent to debase, degrade or
demean the intrinsic worth and dignity of a child as a human
being.
d. What are the law/s that punishes child trafficking?
RA 7610
PD 603
RA 9262
RA 9208
RA 10364
