THEFT IN THE PHILIPPINES

Theft is the most famous and prevalent crime here in the Philippines. It happens anywhere:  at home, stores, business structures, roads, streets, and other places that the public can reach. Hundreds, or even thousand scams are being reported to the authorities each year, and it still continues to increase every year.

Individuals who execute the crime of theft are usually those from the lower class section of the social state of the Philippines. Numerous causes and motives are told to be the motivations of such individuals to execute the crime. The most renowned reasons are: poverty, lack of money, the need to gain fast money, unemployment, lack of education and moral fiber, sickness, and most especially, ineffective laws.

PRESIDENTIAL DECREE No. 1612

ANTI-FENCING LAW OF 1979

WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private properties;

WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the existence of ready buyers, commonly known as fence, of stolen properties;

WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly;

WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land the following:

Section 1. Title. This decree shall be known as the Anti-Fencing Law.

Section 2. Definition of Terms. The following terms shall mean as follows:

(a) “Fencing” is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

(b) “Fence” includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.

Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated:

(a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.

(b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more than 200 pesos but not exceeding 6,000 pesos.

(d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property involved is over 50 pesos but not exceeding 200 pesos.

(e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos.

(f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.

Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.

Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence.

Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 8. Effectivity. This Decree shall take effect upon approval.

Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.

MURDER IN THE PHILIPPINES

Murder is a crime committed when a person is killed with a malice aforethought which is by means of intention to kill through a bodily injury and the intention to commit harmful felonies. Murder is different from manslaughter because of the intention manslaughter involves an involuntary act or incident of killing another person. Murder can be caused by personal issues or by deeper issues that can involve many people.

In the Philippines there are infamous cases of murder. Some of these are justified and some are not. There are a lot of cases that are known and have made a big controversy through the years like: Chiong Murder Case; Batasang Pambansa Bombing; Vizconde Massacrel; Magindanao Massacre and other Political Killings in the Philippines. We eye on these issues because it involves people outside the scene and there will be a thirst for justice due to this immoral act. It can also definitely be a show of power since in any different angle you look at it there are evidences against the suspect but they still manage to escape the punishment. We should have a just and strong court that would handle cases and would not give a getaway to the suspects.
To have an assurance of safety the society has to create regulations that would scare the people to do such inhumane acts. Offenders should be faced with death penalty or life imprisonment. Imprisonment is important to rehabilitate the person from everything that he has done and to make him/ her realize the damages he has caused and make his wrongs right in his remaining lifetime.
“In REPUBLIC ACT NO. 7659 it is stated that:
AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AND FOR OTHER PURPOSES”
It has to be followed to give warning to the public. It is fear that would put them to guilt. Even if this is imposed it will not be effective if the rule enforcers are controlled by manipulating suspects. The prosecutors have to be firm and they should never be drawn to the control of misleading offenders.

In the lighter note it is said that the of crimes committed in the country in 2011 was down by 23.36% to 248,378 from 324,083 in 2010. (according to the PNP) This can make us see our progress as a nation and that we have hope. But we are not to stop with that. Even if crime and murder is inevitable we can still lessen it and make people refrain from murder.

Source:
http://www.pctc.gov.ph/initiatv/RA7659.htm

KIDNAPPING IN THE PHILIPPINES

In criminal law, kidnapping is the taking away or transportation of a person against that person’s will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.   In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, some jurisdictions do not consider it kidnapping if the child, being competent, agrees. (http://en.wikipedia.org/wiki/Kidnapping)

 Regarding this issue, the Philippine government law to protect it’s citizen and anyone within its territory provides :

REPUBLIC ACT No. 18

AN ACT TO AMEND ARTICLES SIXTY-TWO, TWO HUNDRED AND SIXTY-SEVEN, TWO HUNDRED AND SIXTY-EIGHT, TWO HUNDRED AND SEVENTY, TWO HUNDRED AND SEVENTY-ONE, TWO HUNDRED AND NINETY-FOUR, AND TWO HUNDRED AND NINETY-NINE OF THE REVISED PENAL CODE

(Here hyperlink:    http://www.chanrobles.com/RepublicActNo.18.html)

In early years, Philippine crime : kidnapping has increased. In 2004 , amendments has been made under the presidency of Arroyo as follows:

 Executive Order No. 291]
February 28, 2004

AMENDING EXECUTIVE ORDER NO. 248 DATED 26 OCTOBER 2003 CREATING THE OFFICE OF THE ANTI-KIDNAPPING PRESIDENTIAL ADVISER.

WHEREAS, the Office of the Anti-Kidnapping Presidential Adviser was created to implement a campaign against kidnapping involving law enforcement and counteraction agencies and the private sector through the National Anti-kidnapping Task Force [NAKTAF];

WHEREAS, initial efforts of NAKTF have proven effective in fighting kidnapping because of popular support from the private sector, among others.

WHEREAS, to sustain the effectiveness of NAKTF’s anti-kidnapping efforts, there is a need to encourage wider participation from the private sector.

NOW, THEREFORE, I, Gloria Macapagal-Arroyo,
President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Section 2 of Executive Order No. 248 dated 26 October 2003 is hereby amended to read as follows:
“Section 2. Oversight Committee – There is hereby created an Oversight Commitment to ensure the execution by active participation of the involved law enforcement and counteraction agencies of the anti-kidnapping action programs.

The Oversight Committee shall be composed of the following:

Secretary Angelo Reyes Chairman

Secretary of Interior and Local Government Member

Secretary of National Defense Member

Secretary of Justice Member

Secretary of Transportation and Communication Member
Seven (7) representatives from the private sector shall be appointed by the President as members of the Oversight Committee.”

SECTION 2. All orders, circulars, memoranda, rules, regulations and other issuances or parts thereof inconsistent
herewith are superseded or amended accordingly.

SECTION 3. This Executive Order shall take effect immediately.

City of Manila, 28th day of February 2004.

(Sgd.) GLORIA MACAPAGAL – ARROYO

By the President:

(Sgd.) ALBERTO G. ROMULO

Executive Secretary

Source : http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=09dbf840251a3eebca09e985cbc89c54455a487ab5a36

In 2011 , though crime rate in Philippine reported to decrease but of the major crimes has been reported most of which are related to kidnappings.

Philippines kidnappers release American boy, 14

11 Dec 2011

Kevin Lunsmann was last of three family members held hostage after mother was freed and cousin escaped

  • 2 May 2000
  • 4 Feb 2001
  • 4 May 2000
  • 7 Dec 2007

Muslim rebel groups

1 Feb 2002

The largest rebel groups in the southern Philippines, mainly on the islands of Mindanao, Basilan and Jolo, claim to be fighting for an independent homeland for the country’s Muslims.

Reference :  (http://www.guardian.co.uk/world/2011/oct/03/kidnap-victim-freed-philippines-american)

  • Organ harvesting

Which particularly in students or children before teens , kidnappers waited outside the public schools then collect child and after getting their internal organs, they leave their body in some remote area outside Manila. Some bodies are stuffed with money and some are left with their stomach and missing organs.

(http://bryanvalencia.multiply.com/journal/item/17/KIDNAPPING_IN_THE_PHILIPPINES?&show_interstitial=1&u=/journal/item)

Tourism :

With this current issue, leaves for   tourists to have second hand on the other thought from coming here  in Philippines. This affects not only local citizen as well as it economic status.

Thus for safety tips please refer to this sites:

http://cebuexperience.com/living-in-the-philippines/kidnappings-in-the-philippines/

http://www.bohol.ph/article24.html

http://www.smartraveller.gov.au/zw-cgi/view/Advice/Philippines

Other sites related :

http://newsinfo.inquirer.net/tag/kidnapping

RAPE IN THE PHILIPPINES

In the Philippine Jurisprudence, rape is considered a criminal offense and is punishable by life imprisonement.

The Anti-Rape Law of 1997, which amended the previous definition of rape as defined in the Revised Penal Code of 1930, now defines the crime of rape:

 REPUBLIC ACT NO. 8353

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as “The Anti-Rape Law of 1997.”
 
Sec. 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:

“Chapter Three
“Rape

      “Article 266-A. Rape: When And How Committed. – Rape is committed:

“1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:

“a) Through force, threat, or intimidation;

“b) When the offended party is deprived of reason or otherwise unconscious;

“c) By means of fraudulent machination or grave abuse of authority; and

“d) When the offended party is under twelve (12) years of  age or is demented, even though none of the circumstances mentioned above be present.

“2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of  sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

“Article 266-B. Penalty. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.

“Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

“When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.

“When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.

“When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

“The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
“l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;

“2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;

“3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;

“4) When the victim is a religious engaged in legitimate religious vocation or calling and  is personally known to be such by the offender before or at the time of the commission of the crime;

“5) When the victim is a child below seven (7) years old;

“6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;

“7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

“8) When by reason or on the occasion of the rape, the  victim has suffered permanent physical mutilation or disability;

“9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and

“10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
“Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

“Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.

“When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.

“When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.

“When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.

“Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article.

“Article 266-C. Effect of Pardon. – The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.

“In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio.

“Article 266-D. Presumptions. – Any physical overt act manifesting resistance against the act of rape in any degree from the offended party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in the prosecution of the acts punished under Article 266-A.”
Sec. 3. Separability Clause. – If any part, Sec., or provision of this Act is declared invalid or unconstitutional, the other parts thereof not affected thereby shall remain valid.

Sec. 4. Repealing Clause. – Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or repealed accordingly.

Sec. 5. Effectivity. – This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of general circulation.


Approved: September 30, 1997.

(http://www.chanrobles.com/republicactno8353.htm)

The Law about Rape constituted during the time President Estrada where life imprisonment subject to rape case was return to death penalty. But Philippines being a Christian country , most Catholic dominated country in Asia, death penalty was then amended to give only life imprisonment for worst cases.

One of the famous rape case in Philippines include the “Vizconde Massacre” where a 17 year old girl from the Vizconde family was raped and brutally killed inside her room then her mother and another relative was killed in their house with the force entry of group of men. And unfortunately the suspect who was the principal accused of the crime was the son the Philippine senator Fred Webb and sentence to life imprisonment. Then later in 2010 he was then acquitted of the crime and was free of imprisonment.

Source : http://newsinfo.inquirer.net/133123/vizconde-to-testify-vs-corona

As of 2011 , the Philippines Crime Statics below shows Rape as the top rated crime.

Source: http://pro9.pnp.gov.ph/index.php?option=com_content&view=article&id=679:crime-statistics-january-to-december-2011&Itemid=95


A. INDEX CRIMES

Police Offices

CRIMES AGAINST PERSONS

MURDER

HOMICIDE

Physical Injuries

RAPE

TOTAL

ZNPPO

79

27

472

34

612

ZSPPO

242

46

558

33

879

ZCPO

136

30

587

76

829

ZSBYPPO

101

36

213

32

382

TOTAL

558

139

1830

175

2,702

CAR NAPPING IN THE PHILLIPINES

Safety and security of Filipinos has been questionable over the years. There is no assurance if there will be a crime that would happen in the place we live in or even in the streets we walk on. At the present time, even cars aren’t safe in our streets. There have been a number of carnapping cases that happened in the street of the Philippines. Car- napping is the act of taking a motor vehicle without consent, or by using force, and with the intent of gain. Carnapping cases have created a major problem to the security group of our country. Also, it created a bad impression to foreign investors. Lastly, this crime prevents our country to develop economically.

In the data gathered by the Philippine National Police, last 2010, there were 654 numbers of carnapping in our country.  Security groups in the Philippines have been alarmed by this kind of crime. Syndicates of this kind are being monitored by the Philippine security group as they do their operations.

The Dominguez Brothers Syndicate is one of the notorious groups in the Philippines, whose operations are in the Manila and Central Luzon. The syndicate has been involved in car napping back in 2006. The brothers first did their operations in their hometown, Calumpit, Bulacan.

Another syndicate involved in car napping incidents is the Bino Dacer Group. The protocol being followed is: the victims driving the car are convinced by the suspects to give their car to the suspects. After the suspect takes the car, an amount of money is promised to be returned to the driver after they sell the car. These syndicates continue their rampage in our country today.

The search of the Philippine security for solutions to this arising problem continues.  Philippine security created a law against this kind of crime. The Republic Act No. 6539 is the law against carnappings. It was signed in law back on August 26,1972. According to the law, any person caught in the act of carnapping by means of violence will have a corresponding punishment of imprisonment of not less than 17 years and 4 months, not more than 30 years.

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