Who is liable here?
o The party who is liable is the party who OFFERS the document in evidence
o Must know that the document is false
Malicious procurement of search warrant and use of perjured document – what crimes are committed?
o 1. Malicious procurement of search warrant o 2. Perjury
o These are NOT complexed MONOPOLIES, ETC (185-6)
RA 9184
What is RA 9184?
o Procurement Act of Government
What are the prohibited acts for public officers under this law? o 1. Opening sealed bid prior to time appointed for opening o 2. Delaying without just cause the screening for eligibility,
opening of bids, evaluation, or post-evaluation of bids, and awarding beyond allowable period
o 3. Unduly influencing or using undue pressure on the Bids and Awards Committee to accept a particular bid
o 4. Splitting of contracts which exceed purchase limits and competitive bidding
o 5. Rejecting bids due to manifest preference for a closely related bidder
o Can they still be prosecuted under RA 3019? Yes.
What are the prohibited acts for private individuals and colluding public officers?
o 1. Two or more bidders agree and pre-arrange multiple bids where one is obviously better than the other to give semblance of competitive bidding
o 2. One bidder maliciously submits different bids through different persons, to pretend that there is competitive bidding o 3. Entering into contracts where one party refrains from bidding
or withdraws one already made
o 4. Schemes that naturally reduce competitive bidding o What are the accessory penalties for offenses #1-4?
Public officer suffers temporary or perpetual DQ from public office
The private person cannot transact with government again
o 5. Submitting false eligibility requirements
o 6. Submitting falsified information in bidding documents o 7. Participating in bidding using another’s name or allowing
o 8. Withdraw a bid after it has been named highest-rated or lowest-calculated without just cause or to cause the bid to be awarded to another
Includes non-submission of final requirements after acceptance, such as security, etc.
C.A. 142
What is C.A. 142? o Anti-alias law
What are the punishable acts?
o Cannot use a name different form that registered in the LCR or used in baptism
o Or for aliens, what was registered with the Bureau of Immigration
What are the exceptions?
o Literary, cinema, TV, radio, entertainment purposes, and other athletic events where use of a pseudonym is a normally accepted practice
o How to secure an alias?
Need judicial approval for at most, one alias. Same proceedings as change of name.
V: RELATED TO OPIUM
What changes did the DDA bring about to this title?
o 1. The penalties do not use nomenclature of RPC anymore o 2. The penalty is no longer based on quantity involved except
for possession
o 3. Use of dangerous drugs now has a graduated penalty First offense is 6 months rehab
Second offense onwards has imprisonment already What if possession and use concur?
Possession applies, not use What if sale and possession concur?
Sale applies, not possession
o 4. Anyone charged under DDA cannot avail of plea bargaining What about probation law?
Only those convicted for drug pushing or trafficking are exempted
o 5. Accessory penalties apply not just after conviction but even during appeal
What is the new classification of drugs? o 1. Dangerous drugs
o 2. Controlled precursors and essential chemicals
Who are the new additional offenders?
o 1. Financier – person who pays for or underwrites illegal activities in the DDA
o 2. Protector/coddler – person who knowingly and willfully consents to the unlawful acts in the DDA and uses his power or position to shield, harbor, screen, or facilitate escape of any person who has violated the DDA
What are the new offenses?
o 1. Illegal chemical diversion of controlled precursors and essential chemicals
Sale, distribution, supply, or transport of legitimately imported, manufactured, or procured CPECs to any person or entity manufacturing DDs
o 2. Failure to maintain and keep original records on transactions with DDs or CPECs
o 3. Misappropriation, misapplication, or failure of public officer or employee to account for confiscated DDs, plant sources, paraphernalia or benefiting from these
o 4. Planting as evidence any DD/CPEC o 5. Violation of any RR of the DD Board
o 6. Issuance of false or fraudulent drug test results o 7. Violation of confidentiality of records
o 8. Refusal of members of law enforcement agencies or any government official/employee to testify as prosecution witness in DD cases
o 9. Delay and bungling in the prosecution of drug cases by government officer or employee
What are the old offenses carried over? o 1. Importation of DD/CPCE
Also, importation of such through diplomatic passport, diplomatic facilities, or other means using official status
o 2. Financing, organizing, managing o 3. Protecting/coddling
o 4. Selling or distributing or brokering transaction of DD/CPCE o 5. Use by drug pushers of minors or mentally incapacitated
individuals as couriers or runners
o 6. Maintaining drug den, dive, or resort where DD/CPCE is used
Being employed by or visiting such dens Protecting or coddling such dens o 7. Manufacture of DDs/CPCEs
Or instruments, equipment, apparatus, etc. o 8. Possession of DDs or instruments
Aggravated if during social gatherings (see below) o 9. Use of DDs
o 10. Cultivation of plants classified as DDs or sources o 11. Unnecessary prescription of DDs
o 12. Unlawful prescription of DDs o 13. Attempt or conspiracy (see below)
What is the rule on attempt or conspiracy to commit unlawful acts? o They have the same penalty as the consummated crime in the
offense of:
o 1. Importation of DDs/CPECs
o 2. Sale, trade, administration, dispensation, delivery, distribution, or transportation of any DDs/CPECs
o 3. Maintenance of a den, dive, or resort where DDs are used o 4. Manufacture of DDs/CPECs
o 5. Cultivation and culture of plants which are sources of DDs/CPECs
What are the qualifying or aggravating circumstances? o 1. Crime committed under the influence of drugs
o 2. Possession of DDs or equipment aggravated if possessed during parties, social gatherings, or meetings, or in the proximate company of at least two persons
What is the nature of violations of the DDA? o Malum prohibita
What are the new programs for treatment and rehab of drug dependents?
o A drug dependent or any person who uses DDs may apply to the DD Board for treatment and rehab. Effects:
1. Exempted from criminal liability
2. Placed on probation and undergo community service
3. Charged for violation of use of drugs
o Or compulsorily confined under the Compulsory Submission Program – by petition of the DD board to the RTC
When is the only time the RPC has any effect?
o When the accused is a minor who is convicted of Reclusion Perpetua (because otherwise, the other offenders are charged with Life Imprisonment or other non-RPC-nomenclature sentences)
VI: CRIMES AGAINST PUBLIC MORALS