Module 5

Question 1

What are the crimes against decency and good customs?

1. Grave
   2 . __ doctrines
2. Vagrancy and __

Answer 1

1. Grave Scandal
2. Immoral doctrines, obscene publications and exhibitions
3. Vagrancy and prostitution

Question 2

What is grave scandal? (200)

Grave scandal is defined as those which consists of acts which are __ to __ and good __, which have been committed __.

Answer 2

Grave scandal is defined as those which consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.

Question 3

What are the elements of grave scandal? (200)

1. Offender performs an __
2. Such act be highly __ as offending __ or good __
3. The highly __ conduct is not expressly failing within any other article of this Code.
4. The __ complained of be committed in a __ place

Answer 3

1. Offender performs an act or acts
2. Such act or acts be highly scandalous as offending against decency or good customs
3. The highly scandalous conduct is not expressly falling within any other article of this Code.
4. The act or acts complained of be committed in a public place or within the public knowledge or view.

Question 4

What is the gravamen of the crime of grave scandal? (200)

1. It is __.

Answer 4

It is publicity. Hence, individuals who committed an offense against decency and good customs might not be liable under Article 200 of the Revised Penal Code if it was not committed in a public place or within the public knowledge or view.

Question 5

What is obscenity? (201)

1. It is defined as something offensive to __, decency, or delicacy.

Answer 5

It is defined as something offensive to chastity, decency, or delicacy.

Question 6

What is the test of obscenity?

The test of obscenity is whether the __ of the matter charged as obscene to __ or __ those whose minds are __ to such immoral influences.

Answer 6

The test of obscenity is whether the tendency of the matter charged as obscene to deprave or corrupt those whose minds are susceptible to such immoral influences and into whose hands such a publication may fall, as well as whether such publication or act shocks the ordinary and common sense of men as an indecency.

Question 7

What are prostitutes?

Prostitutes are __ who ___ in 1) __ 2) ___ conduct, for __ or __.

Answer 7

Prostitutes are women who habitually engage in (1) sexual intercourses or (2) lascivious conduct, for money or profit. The key point to remember here is the engagement in the said acts of a woman for money or profit.

Question 8

What are the requisites to be a public officer?

1. Taking__ in the performance of public functions in the Government.
2. That his __ to take part in the ___ of public __
   a. by direct __ of law
   b. by __ election
   c. By __ by competent authority

Answer 8

1. Taking part in the performance of public functions in the Government
2. That his authority to take part in the performance of public functions or to perform public duties must be:
   a. By direction provision of law
   b. By popular election
   c. By appointment by competent authority

Question 9

What are the elements of knowingly rendering unjust judgment? (204)

1. The offender is a __
2. He renders a __ in a case submitted to him
3. The __ is __
4. The __ knows that his __ is __

Answer 9

1. The offender is a judge.
2. He renders a judgment in a case submitted to him for decision.
3. The judgment is unjust.
4. The judge knows that his judgment is unjust.

Question 10

What are the elements of judgment rendered through negligence? (205)

1. Offender is a __
2. He renders a judgment in a case submitted to him
3. The judgment is __ unjust
4. It is due to his __ __ or __

Answer 10

1. Offender is a judge.
2. He renders a judgment in a case submitted to him for decision.
3. The judgment is manifestly unjust
4. It is due to his inexcusable negligence or ignorance.

Question 11

Differentiate Art. 204 and 205

Unlike with the crime of knowingly rendering __ Judgment. judgment rendered through __ is not attended by __ __.

Answer 11

Unlike with the crime of knowingly rendering unjust judgment, judgment rendered through negligence is not attended by bad faith, malice, or corrupt purpose.

Question 12

How is the crime of issuing unjust interlocutory order committed? (206)

The crime of issuing unjust interlocutory order is committed when a judge ___ rendered an unjust interlocutory order __ and __, or due to __ negligence

Answer 12

The crime of issuing unjust interlocutory order is committed when a judge maliciously rendered an unjust interlocutory order deliberately and maliciously, or due to inexcusable negligence

Question 13

What are the elements of the crime of rendering an unjust interlocutory order? (206)

1. Offender is a __.
2. He __ renders or through __ negligence or ignorance manifestly renders an unjust interlocutory order or decree.

Answer 13

1. Offender is a judge.
2. He knowingly renders or through inexcusable negligence or ignorance manifestly renders an unjust interlocutory order or decree.

Question 14

What is an interlocutory order?

t is defined as “an order that does not finally ___ of the case, and does not end the Court’s task of __ the parties’ contentions and determining their rights and liabilities as regards each other

Answer 14

It is defined as “an order that does not finally dispose of the case, and does not end the Court’s task of adjudicating the parties’ contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the Court” – Timbang Daromimbang Dimaampao vs. Atty. Abdullah Alug, et.al.

Question 15

What is the test to determine whether an order is an interlocutory order?

The question to ask is “Does it leave ___ to be done in the trial court with __ to the __ of the case?” If it does, it is interlocutory.

Answer 15

The question to ask is “Does it leave something to be done in the trial court with respect to the merits of the case?” If it does, it is interlocutory.

Question 16

What are the elements of the crime of malicious delay in the administration of justice (207)

1. Offender is a __.
2. There is a __ in his court.
3. He __ the administration of justice
4. The delay is __

Answer 16

1. Offender is a judge.
2. There is a proceeding in his court.
3. He delays the administration of justice
4. The delay is malicious

Question 17

What is the gravamen of the crime of malicious delay in the administration of justice?

What is important is that the delay is caused by the judge with __ intent to __ damage on either party in the case. __ is an essential element of this crime.

Answer 17

What is important is that the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. Malice is an essential element of this crime.

Question 18

What are the acts punishable under Art. 208?

1. By maliciously __ from instituting prosecution against violators of the law.
2. By maliciously __ the commission of offenses.

Answer 18

1. By maliciously refraining from instituting prosecution against violators of the law.
2. By maliciously tolerating the commission of offenses.

Question 19

What are the elements of dereliction of duty? (208)

1. Offender is a public officer of the law who has a duty to cause the __ of or to __ the offender
2. There is __ of the duties of this office either by knowing the commission of the crime yet he does not cause the __ of the criminal or by knowing that a crime is about to be committed, he __ its commission
3. He acts with __ and deliberate intent to favor the violator of the law.

Answer 19

1. Offender is a public officer of the law who has a duty to cause the prosecution of or to prosecute the offender
2. There is dereliction of the duties of this office either by knowing the commission of the crime yet he does not cause the prosecution of the criminal or by knowing that a crime is about to be committed, he tolerates its commission
3. He acts with malice and deliberate intent to favor the violator of the law.

Question 20

What are the acts punished in the crime of betrayal of trust by an attorney or solicitor? (209)

1. By causing damage to his client, either 1) by any malicious __ of professional duty, 2) by __ negligence or ignorance.
   a. When attorney acts 1) with malicious __ of his employment or 2) inexcusable __ or ignorance, there must be damage to his client
2. By __ any of the secrets of his client learned by him in his professional capacity.
   a. __ is not necessary
3. By undertaking the defense of the __ party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client.

Answer 20

1. By causing damage to his client, either 1) by any malicious breach of professional duty, 2) by inexcusable negligence or ignorance.
   a. When attorney acts 1) with malicious abuse of his employment or 2) inexcusable negligence or ignorance, there must be damage to his client
2. By revealing any of the secrets of his client learned by him in his professional capacity.
   a. Damage is not necessary
3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client.

Question 21

What are the acts punishable in direct bribery? (210)

1. If the public officer shall agree to __ an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift, or present received by such officer, personally or through, the __ of another.
2. If the public officer accepted a gift in consideration of the __ of an act which does not constitute a crime, and the officer executed said act.
3. If the object for which the gift was received or promised was to make the public officer __ from doing something which it was his official duty to do.

Answer 21

1. If the public officer shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift, or present received by such officer, personally or through, the mediation of another.
2. If the public officer accepted a gift in consideration of the execution of an act which does not constitute a crime, and the officer executed said act.
3. If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do.

Question 22

What are the elements of direct bribery? (210)

1. The offender is a __ within the scope of Art. 203
2. Offender ___ an offer or promise or receive a gift or present by himself or through another.
3. Such offer or promise be accepted, or gift or present __ by public officer:
   a. With a view to __ some crime
   b. In ___ of the execution of an act which does not constitute a crime, but the act must be unjust
   c. To __ from doing something which it is his official duty to do
4. The act which the offender agrees to __ or which he executes be connected with the performance of his official duties.

Answer 22

1. The offender is a public officer within the scope of Art. 203
2. Offender accepts an offer or promise or receive a gift or present by himself or through another.
3. Such offer or promise be accepted, or gift or present received by public officer:
   a. With a view to committing some crime
   b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust
   c. To refrain from doing something which it is his official duty to do
4. The act which the offender agrees to perform or which he executes be connected with the performance of his official duties.

Question 23

What are the elements of indirect bribery? (211)

1. Offender is a __
2. He __ gifts
3. Said gifts are offered to him by __ of his office

Answer 23

1. Offender is a public officer
2. He accepts gifts
3. Said gifts are offered to him by reason of his office

Question 24

What are the elements of qualified bribery? (211-A)

1. Offender is a public officer __ with law __
2. Offender __ from arresting or prosecuting offender who has committed a crime punishable by reclusion perpetua to death
3. Offender refrains from arresting or __ the offender in consideration of any promise, gift, or present.

Answer 24

1. Offender is a public officer entrusted with law enforcement
2. Offender refrains from arresting or prosecuting offender who has committed a crime punishable by reclusion perpetua to death
3. Offender refrains from arresting or prosecuting the offender in consideration of any promise, gift, or present.

Question 25

Differentiate direct bribery, indirect bribery, and qualified bribery.

In direct bribery, there is already a __ of the crime by mere acceptance of an offer or promise or gifts; in indirect bribery, the gift must be __ by the public officer for the act to be consummated. In qualified bribery, the mere __ of any offer, promise, gift, or present consummates the crime.

Moreover, in a direct bribery, the reason for the promise, gifts or offer is in __ of the agreement of the public officer to perform or refrain from the commission of the crime or performance of an act; in indirect bribery, it was not because of a performance of an act but of his __; and in a qualified bribery, in consideration to not arrest or prosecute an offender who has __ a crime.

Lastly, in a qualified bribery, it focuses on public officers __ with law enforcement whereas in direct and indirect bribery, it pertains to all public officers.

Answer 25

In direct bribery, there is already a consummation of the crime by mere acceptance of an offer or promise or gifts; in indirect bribery, the gift must be accepted by the public officer for the act to be consummated. In qualified bribery, the mere acceptance of any offer, promise, gift, or present consummates the crime.

Moreover, in a direct bribery, the reason for the promise, gifts or offer is in consideration of the agreement of the public officer to perform or refrain from the commission of the crime or performance of an act; in indirect bribery, it was not because of a performance of an act but of his office; and in a qualified bribery, in consideration to not arrest or prosecute an offender who has committed a crime.

Lastly, in a qualified bribery, it focuses on public officers entrusted with law enforcement whereas in direct and indirect bribery, it pertains to all public officers.

Question 26

What are the elements of corruption of public officials? (212)

1. Offender makes ___ or promises or gives gifts or present to a ___
2. The offers or promises are made or the gifts or presents are given to a __ under circumstances that will make the public officer liable for direct bribery or indirect bribery.

Answer 26

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

Question 27

What are the acts punishable in the crime of frauds against public treasury and illegal exactions?

1. By __ into an agreement with any interested party or speculator or making use of any other __ , 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. By ___ directly or indirectly, the payment of sums different from or larger than those authorized by law, in the collection of taxes, licenses, fees, and other imposts.
3. By failing voluntarily to issue a __ , as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts.
4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature __ from that provided by law, in the collection of taxes, licenses, fees, and other imposts.

Answer 27

1. By 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. By demanding directly or indirectly, the payment of sums different from or larger than those authorized by law, in the collection of taxes, licenses, fees, and other imposts.
3. By 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. By 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 28

What are the elements of frauds against public treasury?

1. Offender is a __
2. He should have taken __ of his office, that is, he __ in the transaction in his official capacity.
3. He entered into an agreement with any ___ party or speculator or made use of any other scheme with regard to 1) __ supplies, 2) making of __ , or 3) __ or settlement of accounts relating to public property or funds.
4. The accused had __ to defraud the government.

Answer 28

1. Offender is a public officer
2. He should have taken advantage of his office, that is, he intervened in the transaction in his official capacity.
3. He entered into an agreement with any interested party or speculator or made use of any other scheme with regard to 1) furnishing supplies, 2) making of contracts, or 3) adjustment or settlement of accounts relating to public property or funds.
4. The accused had intent to defraud the government.

Question 29

What are the elements of illegal exactions?

1. Offender is a __ entrusted with the __ of taxes, licenses, fees, and other imposts.
2. He is guilty of any of the following acts or omissions:
   a. Demanding, directly or indirectly, the payment of sums __ form or larger than those authorized by law.
   b. Failing voluntarily to issue a __ , as provided by law, for any sum of money collected by him officially.
   c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature __ from that provided by law.

Answer 29

1. Offender is a public officer entrustd with the collection of taxes, licenses, fees, and other imposts.
2. He is guilty of any of the following acts or omissions:
   a. Demanding, directly or indirectly, the payment of sums different form or larger than those authorized by law.
   b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.
   c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

Question 30

What are the acts punishable in malversation of public funds or property? (217)

1. By __ public funds or property
2. By taking or __ the same.
3. By consenting, or through __ or __ , permitting any other person to take such public funds or property.
4. By being otherwise guilty of the misappropriation or __ of such funds or property.

Answer 30

1. By appropriating public funds or property
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to take such public funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.

Question 31

What are the elements of malversation of public funds or property? (217)

1. Offender is a public officer
2. He had the __ or control of funds or property by reason of the duties of his office.
3. Those funds or property were __ funds or property for which he was accountable.
4. He appropriated, took, misappropriated, or __ or, through abandonment or negligence, permitted another person to take them.

Answer 31

1. Offender is a public officer
2. He had the custody or control of funds or property by reason of the duties of his office.
3. Those funds or property were public funds or property for which he was accountable.
4. He appropriated, took, misappropriated, or consented or, through abandonment or negligence, permitted another person to take them.

Question 32

How can a private person be liable for malversation? (217)

1. __ with a public officer in committing malversation.
2. He has become an __ or accessory to a public officer who commits malversation.
3. When the private person is made the __ in whatever capacity of public funds or property, whether belonging to national or local government, and he misappropriated the same.
4. When he is constituted as the __ or administrator of funds or property seized or attached by public authority even though said funds or property belonging to a private individual.

Answer 32

1. Conspiracy with a public officer in committing malversation.
2. He has become an accomplice or accessory to a public officer who commits malversation.
3. When the private person is made the custodian in whatever capacity of public funds or property, whether belonging to national or local government, and he misappropriated the same.
4. When he is constituted as the depositary or administrator of funds or property seized or attached by public authority even though said funds or property belonging to a private individual.