203

Question 1

A public officer is one who:

Answer 1

1. Takes part in the Performance of public functions in the government;
2. Performs in said government or in any of its branches public duties as an Employee, Agent or Subordinate official, of any rank or class; and
3. His authority to take part in the performance of public functions or to perform public duties must be:
   a. By direct provision of the Law;
   b. By popular Election; or
   c. By Appointment by competent authority

Question 2

Malfeasance

Answer 2

The performance of an act which ought not to be done.

Question 3

Misfeasance

Answer 3

Improper performance of some act which might lawfully be done.

Question 4

Nonfeasance

Answer 4

Omission of some act which ought to be performed.

Question 5

[Art. 204]

Answer 5

[JSUK]

Question 6

[Art. 205]

Answer 6

[JSMN]

Question 7

Article 206 – Unjust Interlocutory Order

Answer 7

1. Offender is a Judge; and 2. He performs any of the following acts: a. Knowingly rendering an unjust interlocutory order or decree; or b. Rendering a Manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Question 8

Article 207 – Malicious Delay in the Administration of Justice

Answer 8

1. Offender is a Judge;
2. There is a Proceeding in his court;
3. He Delays in the administration of justice; and
4. The delay is Malicious, that is, with deliberate intent to inflict damage on either party in the case.

Question 9

Article 208 – Prosecution of Offenses; Negligence and Tolerance

Answer 9

Punishable Acts [RT]:
1. Maliciously Refraining from instituting prosecution against violators of the law; or
2. Maliciously Tolerating the commission of offenses.

Question 10

2 modes of art 208

Answer 10

2. Dereliction of duty: knowing the commission of the crime, he does Not cause the prosecution of the criminal
3. Dereliction of duty: knowing that a crime is about to be committed, he Tolerates its commission

Question 11

Article 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets

Answer 11

Punishable Acts [DRO]:
1. Causing Damage to his client, either:
2. Revealing any of the secrets of his client learned by him in his professional capacity;
a. By any malicious breach of professional duty;
b. By inexcusable negligence or Ignorance.
3. Undertaking the defense of the Opposing party in the same case, without the consent of his first client,
a. After having undertaken the defense of said first client, or
b. After having received confidential information from said client.

Question 12

Article 210 – Direct Bribery

Answer 12

Punishable Acts [CER]:
1. Agreeing to perform/performing, in consideration of any offer, promise, gift, or present – an act constituting a Crime in connection with the performance of his official duty
2. Accepting a gift in consideration of the Execution of an act which does not constitute a crime, in connection with the performance of his official duty
3. Agreeing to Refrain/refraining from doing something in his official duty in consideration of a gift or promise.

Question 13

Article 210 – Direct Bribery Elements:

Answer 13

1. Offender is a Public officer under Article 203
2. Mode 1: Agreeing to commit/ committing a Crime [PACD] Mode 2: Execution of an Act that is unjust but is not a crime [PAUD] must be capable of pecuniary estimation.Mode 3: Agreeing to refrain/refraining from doing his duty [PARD]
3. The act which offender agrees to perform or which he executes be connected with the performance of his official Duties

Question 14

Article 211 – Indirect Bribery

Answer 14

1. Offender is a Public officer; 2. He accepts Gifts; 3. Gifts are offered to him by reason of his Office.

Question 15

. Article 211-A – Qualified Bribery Elements

Answer 15

1. Offender is a public officer entrusted with Law enforcement; 2. He refrains from Arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death; 3. Offender refrains from arresting or prosecuting in Consideration of any offer, promise, gift, or present.

Question 16

Corruption of Public Officials Elements [OB]:

Answer 16

1. Offender makes Offers or promises or gives gifts or presents to a public officer; and 2. Offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct Bribery or indirect bribery.

Question 17

a. Article 213 – Fraud Against the Public Treasury and Similar Offenses

Answer 17

1. Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds;
2. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in collection of taxes, licenses, fees, and other imposts;
3. Failing voluntarily to issue a Receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts;
4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts

Question 18

Article 214 – Other Frauds

Answer 18

Elements [PACo]: 1. Offender is a Public officer; 2. He takes Advantage of his official position; and 3. He Commits any of the frauds or deceits enumerated in Article 315 to 318 (estafa, other forms of swindling, swindling a minor, other deceits).

Question 19

c. Art. 215 – Prohibited Transactions

Answer 19

Elements [AIIJ]: 1. Offender is an Appointive public officer; 2. He becomes Interested, directly or indirectly, in any transaction of exchange or speculation; 3. He becomes interested during his Incumbency; and 4. Transaction takes place within the territory subject to his Jurisdiction;

Question 20

a. Article 217 – Malversation of Public Funds or Property - Presumption of Malversation

Answer 20

1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or negligence, Permitting any other person to take such public funds or property; and
4. Being otherwise guilty of the Misappropriation or malversation of such funds or property through abandonment or negligence, permitted another person to take them.

Question 21

Private persons may also commit malversation. Such as when a private person: [CoA-CuD]

Answer 21

1. Acts in Conspiracy with a public officer in committing malversation;
2. Has become an Accomplice or accessory to a public officer who commits malversation;
3. Is made the Custodian in whatever capacity of public funds or property
4. Is constituted as the Depositary or administrator of funds or property seized or attached by public authority even though said funds or property belong to a private individual [Article 222, Revised Penal Code].

Question 22

Article 218 – Failure of Accountable Officer to Render Accounts Elements [PART]:

Answer 22

1. Offender is Public officer, whether in the service or separated therefrom by resignation or any other cause; 2. He is an Accountable officer for public funds or property; 3. He is Required by law or regulation to render account to the Commission on Audit, or to a provincial auditor; 4. He fails to do so for a period of Two months after such accounts should be rendered.

Question 23

Article 219 – Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country Elements [PAU]:

Answer 23

1. Offender is a Public officer; 2. He is an Accountable officer for public funds or property; 3. He Unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Commission on Audit showing that his accounts have been finally settled.

Question 24

Article 220 – Illegal Use of Public Funds or Property * Also known as Technical Malversation

Answer 24

Elements [P-PAO]: 1. Offender is a Public officer; 2. There are Public funds or property under his administration; 3. Such fund or property were Appropriated by law or ordinance; 4. He applies such public fund or property to any public use Other than for which it was appropriated for.

Question 25

Article 221 - Failure to Make
Delivery of Public Funds or Property

Answer 25

Mode 1: Failing to Make Payment [PPM]
1. Public officer has government funds in his possession
2. Obligation to make
Payment from such
funds
3. Maliciously fails to perform the obligation

Mode 1: Failing to Make Payment [PPM]
1. Public officer has government funds in his possession
2. Obligation to
Deliver any property
in his custody or
under his
administration
3. Maliciously fails to perform the obligation

Question 26

Article 222 – Officers Included in the
Preceding Provisions

Answer 26

Officers Include:
1. Private individuals who, in any
capacity, have charge of any national,
provincial or municipal funds, revenue,
or property
2. Administrator or depositary of funds
or property that has been attached,
seized or deposited by public
authority, even if owned by a private
individual.

Question 27

Article 223 – Conniving With or
Consenting to Evasion
Elements [P-CEC]:

Answer 27

Elements [P-CEC]:
1. Offender is a Public officer;
2. He had in his Custody or charge a
prisoner, either detention prisoner or
prisoner by final judgment;
3. Such prisoner Escaped from his
custody;
4. He was in Connivance with the
prisoner in the latter’s escape. (“shall
consent to the escape”)

Question 28

b. Article 224 – Evasion through
Negligence
Elements [P-CoN]:

Answer 28

1. Offender is a Public officer;
2. He is charged with the Conveyance or
   custody of a detention prisoner or
   prisoner by final judgment;
3. Such prisoner escapes through
   Negligence

Question 29

Article 226 – Removal,
Concealment, or Destruction of
Documents
Elements [P-ReDeCo-ED]:

Answer 29

1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a
   document or papers;
3. Said document or papers should have
   been Entrusted to such public officer by
   reason of his office;
4. Damage, whether serious or not, to a
   third party or to the public interest has
   been caused.

Question 30

Article 227 – Officer Breaking Seal

Answer 30

1. Offender is a Public officer;
2. He is charged with the Custody of
   papers or property;
3. These papers or property are Sealed
   by proper authority;
4. He Breaks the seal or permits them to
   be broken.

Question 31

Article 228 – Opening of Closed
Documents
Elements [PCON]:

Answer 31

Elements [PCON]:
1. Offender is a Public officer;
2. Any Closed papers, documents, or
objects are entrusted to his custody;
3. He Opens or permits to be opened said
closed papers, documents or objects; 4. He does Not have proper authority

Question 32

Article 229 – Revelation of Secrets
by an Officer

Answer 32

Mode 1: Revelation of Secrets [P-SRD]
1.Offender is a Public officer
2. He knows of a
Secret by reason of
his official capacity
Secrets must affect
public interest. If
the secret revealed
does not involve
public interest, no
crime is committed.
Secrets of private
individuals are not
included. [Art. 229,
Revised Penal Code;
REYES, Book 2]
3. He Reveals such
secret without
authority or
justifiable reasons
4. There is Damage to public interest

Mode 1: Revelation of Secrets [P-SRD]
1.Offender is a Public officer
2. He has charge of
Papers which should
not be published
Custody Required
“Charge” - means
custody or control. If
he is merely
entrusted with the
papers and not with
the custody thereof,
he is not liable under
this article.
3. He Wrongfully
delivers those
papers or copies
thereof to a third
person
4. There is Damage to public interest

Mode 2: Wrongful
delivery of papers
[P-PWD]
1.Offender is a Public officer
2. He knows of a
Secret by reason of
his official capacity
Secrets must affect
public interest. If
the secret revealed
does not involve
public interest, no
crime is committed.
Secrets of private
individuals are not
included. [Art. 229,
Revised Penal Code;
REYES, Book 2]
2. He has charge of
Papers which should
not be published
Custody Required
“Charge” - means
custody or control. If
he is merely
entrusted with the
papers and not with
the custody thereof,
he is not liable under
this article.
3. He Reveals such
secret without
authority or
justifiable reasons
3. He Wrongfully
delivers those
papers or copies
thereof to a third
person
4. There is Damage to public interest

Question 32

Article 230 – Public Officers
Revealing Secrets of Private
Individuals
Elements [PSR]:

Answer 32

Elements [PSR]:
1. Offender is a Public officer;
2. He knows of the Secrets of a private
individual by reason of his office;
3. He Reveals such secrets without
authority or justifiable reason.

Question 32

Article 231 – Open Disobedience Elements [Je-JWR]:

Answer 32

1. Officer is a Judicial or executive officer;
2. There is a Judgment, decision or order
   of a superior authority;
3. Such judgment, decision or order was
   made Within the scope of the
   jurisdiction of the superior authority and
   issued with all the legal formalities;
4. He openly Refuses to execute the said
   judgment, decision or order, which he
   is duty bound to obey without any legal
   justification.

Question 33

Article 232 – Disobedience to the
Order of Superior Officer When Said
Order Was Suspended by Inferior
Officer
Elements [PES-DiDi]:

Answer 33

lements [PES-DiDi]:
1. Offender is a Public officer;
2. An order is issued by his superior for
Execution;
3. He Suspended the execution of such
order;
4. His superior Disapproves the
suspension of the execution of the
order; and 5. Offender Disobeys his superior despite
the disapproval of the suspension.

Question 34

Article 233 – Refusal of Assistance
Elements [P-CoM]:

Answer 34

ements [P-CoM]:
1. Offender is a Public officer;
2. A competent authority demands from
the offender that he lend his
Cooperation towards the
administration of justice or other public
service;
3. Offender Maliciously fails to do so

Question 35

Article 234 – Refusal to Discharge
Elective Office
Elements [ERL]:

Answer 35

1. Offender is elected by popular Election
   to a public office;
2. He Refuses to be sworn in or to
   discharge the duties of said office;
3. There is no Legal motive for such
   refusal to be sworn in or to discharge
   the duties of said office.

Question 36

Article 235 – Maltreatment of
Prisoners
Elements [PCM]:

Answer 36

Elements [PCM]:
1. Offender is a Public officer or
employee;
2. He has under his Charge a prisoner or
detention prisoner;
3. He Maltreats such prisoner by
overdoing himself in the correction or
handling of a prisoner or detention
prisoner under his charge by:
a. Imposition of punishment not
authorized by the regulations;
b. Inflicting such punishments
(those authorized) in a cruel
and humiliating manner.
c. Maltreating such prisoners to
extort a confession or to obtain
some information from the
prisoner.

Question 37

Article 236 – Anticipation of Duties
of a Public Officer
Elements [ESAN]:

Answer 37

1. Offender is Entitled to hold a public
   office or employment, either by election
   or appointment;
2. The law requires that he should first be
   Sworn in and/or should first give a
   bond;
3. He Assumes the performance of the
   duties and powers of such office; and
4. He has Not taken his oath of office
   and/or given the bond required by law

Question 38

Article 238 – Abandonment of Office
or Position

Answer 38

Elements [PRNA]:
1. Offender is a Public officer;
2. He formally Resigns from his position;
3. His resignation has Not yet been
accepted; and
4. He Abandons his office to the
detriment of public service.

Question 39

Article 239 – Usurpation of
Legislative Powers
Elements [EJ-MAS]:

Answer 39

1. Offender is an Executive or Judicial
   officer, who encroaches upon the
   powers of the Legislative branch by:
   a. Making General Rules or
   regulations beyond the scope
   of his authority; or
   b. Attempting to repeal a law; or
   c. Suspending the execution
   thereof.

Question 40

Article 240 – Usurpation of
Executive Functions

Answer 40

1. Offender is a Judge;
2. That he:
   a. Assumes a power pertaining to
   the executive authorities, or
   b. Obstructs the executive
   authorities in the lawful
   exercise of their powers.

Question 41

Article 241 – Usurpation of Judicial
Functions
Elements [Ex-AO]:

Answer 41

1. Offender is an officer of the Executive
   branch;
2. That he:
   a. Assumes judicial powers, or
   b. Obstructs the execution of any
   order or decision rendered by
   any judge within his jurisdiction.

Question 42

Article 242 – Disobeying Request for
Disqualification

Answer 42

1. Offender is a Public officer;
2. A proceeding is Pending before such
   public officer;
3. There is a Question brought before the
   proper authority regarding his
   jurisdiction, which is not yet decided;
4. He has been lawfully required to
   Refrain from continuing the
   proceeding;
5. He Continues the proceeding.

Question 43

Article 243 – Orders or Request by
Executive Officer to Any Judicial
Authority
Elements:

Answer 43

1. Offender is an Executive officer;
2. He addresses any order or suggestion
   to any Judicial authority;
3. The order or suggestion relates to any
   case or business coming within the
   exclusive Jurisdiction of the courts of
   justice.

Question 44

Article 244 – Unlawful
Appointments Elements:

Answer 44

1. Offender is a Public officer;
2. He Nominates or appoints a person to
   a public office;
3. Such person Lacks the legal
   qualifications therefore;
4. Offender Knows that his nominee or
   appointee lacks the qualification at the
   time he made the nomination or
   appointment.

Question 44

o. Article 245 – Abuses Against
Chastity

Answer 44

Mode 1:
Soliciting
to a
woman
interested
in
pending
matters
[PSP]
1. Offender is a Public officer
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman
is
interested
in matters
Pending
before the
offender
for
decision,
or with
respect to
which he is
required to
submit a
report to or
consult with a superior

Mode 2:
Soliciting to a
woman
under
offender’s
custody
[PSC]
1. Offender is a Public officer
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman is
under the
Custody of the
offender who
is a warden or
other public
officer directly
charged with
the care and
custody of
prisoners.

Mode 3:
Soliciting to
wife/
daughter/
sister/
relative of
person in
custody
[PSR]
1. Offender is a Public officer
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman is
the wife,
daughter,
sister or
Relative
within the
same degree
by affinity of
the person in
the custody
of the
offender

Question 44

Article 246 – Parricide

Answer 44

a. Legitimate/illegitimate Father
b. Legitimate/illegitimate Mother
c. Legitimate/illegitimate Child
(should not be less than 3 days
old, otherwise crime is
infanticide)
d. Other legitimate Ascendant
e. Other legitimate Descendant
f. Legitimate Spouse

Question 45

Parricide shall not be punished by
reclusion perpetua to death in the
following cases:

Answer 45

1. Reckless or simple imprudence [Art.
   365]
2. Parricide by mistake [Art. 49]
3. Parricide under exceptional
   circumstances [Art. 247]

Question 46

Article 247 – Death or Physical
Injuries Under Exceptional
Circumstances
This article does not define a felony, rather it
serves as a defense for a person charged with
parricide, homicide or serious physical injuries.

General Rule: If all the requisites have been
met, the defendant will be sentenced to
destierro instead of the severe penalty for the
aforementioned crime [People v. Araquel, G.R.
No. L-12629].
Exception: If less serious or slight physical
injuries are inflicted, there is no criminal
liability. [Id]

When Article 247 does not apply: [BM]
1. If the surprising took place Before any
actual sexual intercourse could be
done.
2. If the daughter is Married.

Answer 46

1. A legally Married person, or a parent,
   surprises the following in the act of
   sexual intercourse with another
   person:
   a. His Spouse or;
   b. His Daughter, the latter under
   18 years of age and living with
   him;
2. He or she Kills any or both of them, or
   inflicts upon any or both of them any
   serious physical injury in the act or
   immediately thereafter;
3. He has not Promoted or facilitated the
   prostitution of his wife or daughter, or
   that he or she has not consented to the
   infidelity of the other spouse.

Question 47

Article 248 – Murder Elements: [KAC-TCICPC-N]

Element of Intent to Kill
General Rule: Offender must have intent to kill
to be liable for murder.
Exception: In murder qualified by treachery, it
is required only that there is treachery in the
attack, hence, there is murder even if offender
has no intent to kill the person assaulted.

Answer 47

1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the
   following qualifying Circumstances:
   a. With Treachery, taking
   advantage of superior strength,
   aid of armed men, or
   employing means to weaken
   the defense, or of means or
   persons to insure or afford
   impunity;
   b. In Consideration of a price,
   reward or promise;
   c. By means of Inundation, fire,
   poison, explosion, shipwreck,
   stranding of a vessel,
   derailment or assault upon a
   railroad, fall of an airship, by
   means of motor vehicles, or
   with the use of any other
   means involving great waste
   and ruin;
   d. On occasion of any of the
   Calamities enumerated in the
   preceding paragraph, or of an
   earthquake, eruption of a
   volcano, destructive cyclone,
   epidemic, or any other public
   calamity;
   e. With evident Premeditation;
   f. With Cruelty, by deliberately
   and inhumanly augmenting the
   suffering of the victim, or
   outraging or scoffing at his
   person or corpse.
4. Killing is Not parricide or infanticide.

Question 48

Article 249 – Homicide
Elements: [KJ-IQ]

Answer 48

1. Person was Killed;
2. Offender killed him without any
   Justifying circumstances;
3. Offender had the Intention to kill
4. Killing was not attended by any of the
   Qualifying circumstances of murder, or
   by that of parricide or infanticide

Question 49

Article 251 - Death Caused in
Tumultuous Affray

Answer 49

Elements: [SGQKAI]
1. There are Several persons;
2. They do not compose Groups
organized for the common purpose of
assaulting and attacking each other
reciprocally;
3. These several persons Quarreled and
assaulted one another in a confused
and tumultuous manner;
4. Someone was Killed in the course of
the affray;
5. It cannot be Ascertained who actually
killed the deceased; and
6. The person or persons who inflicted
serious physical injuries or who used
violence can be Identified.

Question 50

Article 252 - Physical Injuries
Caused in Tumultuous Affray Elements: [TSIK]

Answer 50

1. There is a Tumultuous affray;
2. A participant or some participants
   thereof Suffered serious physical
   injuries or physical injuries of a less
   serious nature only;
3. Person responsible cannot be
   Identified; and
4. All those who appear to have used
   violence upon the person of the
   offended party are Known.

Question 51

Article 253 - Giving Assistance to
Suicide

Answer 51

Modes: [AL]
1. Assisting another to commit suicide,
whether the suicide is consummated or
not;
2. Lending his assistance to another to
commit suicide to the extent of doing
the killing Himself.

Question 52

Article 254 - Discharge of Firearms
Elements: [DN]

Answer 52

1. Offender Discharges a firearm against
   or at another person.
2. Offender has No intention to kill that
   person.

Question 53

Article 255 – Infanticide
Elements: [C-3]

Answer 53

1. Child was killed by the accused;
2. Deceased child was less than 3 days
   old (72 hours).

Question 54

Article 256 - Intentional Abortion
Elements: [PVi-DI]

Answer 54

1. There is a Pregnant woman;
2. Violence is exerted, or drugs or
   beverages administered, or that the
   accused otherwise acts upon such
   pregnant woman;
3. As a result of the above acts, the fetus
   Dies, either in the womb or after having
   been expelled therefrom; and
4. Abortion is Intended.

Question 55

Article 257 - Unintentional Abortion
Elements: [PVID]

Answer 55

1. There is a Pregnant woman;
2. Violence is used upon such pregnant
   woman without intending an abortion;
3. The violence is Intentionally exerted;
4. Result of violence – fetus Dies, either
   in the womb or expelled therefrom

Question 56

Article 258 - Abortion Practiced by
the Woman Herself or by Parents

Answer 56

1. There is a Pregnant woman who
   suffered an abortion;
2. Abortion is Intended;
3. Abortion is Caused by –
   a. Pregnant woman Herself;
   b. Any other person, with her
   Consent; or
   c. Any of her Parents, with her
   consent for the purpose of
   concealing her dishonor.

Question 57

Article 259 - Abortion by a
Physician or Midwife and Dispensing
of Abortives

Answer 57

Persons Liable
1. Physician or midwife who, taking
advantage of their scientific knowledge
or skill, shall cause an abortion or
assist in causing an abortion.
2. A pharmacist who, without proper
prescription from a physician, shall
dispense any abortive. [Art. 259,
Revised Penal Code]