I.

1. Meaning of aid and comfort in treason

- an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and
an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy.

2. Misprision in treason
Offender must be owing allegiance to the Government, and not a foreigner
He has knowledge of any conspiracy (to commit treason) against the Government
He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province
or the mayor or fiscal of the city in which he resides.
.
3. Espionage vs Treason
Espionage may be committed in time of peace or war while treason is committed only in time of war.
There many ways of committing espionage while in treason, there are only two ways. By levying war, and
adhering to the enemy by giving him aid of comfort.

4. Who can be held liable under Art 121? (Flight to enemys country)
- any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when
prohibited by competent authority. Alien resident may be held liable.

5. Acts punished as piracy

Attacking or seizing a vessel on the high seas or in Philippine waters;
Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or
personal belongings of its passengers.

6. Piracy vs Robbery on high seas

Piracy Robbery on the high seas

Offender is an outsider The offender is a member of the complement or a

passenger of the vessel

Manner of committing the crime is the same

There is intent to gain

7. Crimes against the law of nation vs crimes against national security.

Crimes against the law of Nation Crimes against national Security

1. Inciting to war or giving motives for reprisals 1. Treason

2. Violation of neutrality 2. Conspiracy and proposal to commit treason
3. Correspondence with hostile country 3. Misprision of treason
4. Flight to enemys country 4. Espionage
5. Piracy in general and mutiny on the high seas
or Philippine water

Can be prosecuted anywhere in the world because Can be tried only in the Philippines. The acts
these crimes are considered crimes against against national security may be committed abroad
humanity and still be punishable under our law

8. Classes of arbitrary detention

Arbitrary detention by detaining a person without legal ground
Delay in the delivery of detained persons to the proper judicial authorities
Delaying release
9. What are the legal grounds for detention?
Commission of a crime
Violent insanity or any other ailment which requires compulsory confinement in a hospital.

10. When is an arrest by a peace officer or by a private person considered lawful?

Arrest without warrant; when lawful
A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an
offense;

(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts
or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is service
final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one
confinement to another.

In cases falling under pars. (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the
nearest police station or jail and shall be proceeded against in accordance with Sec. 7 of Rule 112.

11. Violation to domicile vs trespass to dwelling.

The differences between violation of domicile and trespass to dwelling are;

1) The offender in violation of domicile is a public officer acting under color of authority; in trespass to dwelling, the
offender is a private person or public officer acting in a private capacity.

2) Violation of domicile is committed in 3 different ways: (1) by entering the dwelling of another against the will of the
latter; (2) searching papers and other effects inside the dwelling without the previous consent of the owner; or (3) refusing
to leave the premises which he entered surreptitiously, after being required to leave the premises.

3) Trespass to dwelling is committed only in one way; that is, by entering the dwelling of another against the express or
implied will of the latter.

12. Persons liable in rebellion.

Persons liable for rebellion, insurrection or coup d' etat:

1. The leaders
a. Any person who promotes, maintains or heads a rebellion or insurrection; or
b. Any person who leads, directs or commands others to undertake a coup d' etat;

2. The participants
a. Any person who participates or executes the commands of others in rebellion or insurrection;
b. Any person in the government service who participates, or executes directions or commands of
others in undertaking a coup d etat;
c. Any person not in the government service who participates, supports, finances, abets or aids in
undertaking a coup d' etat.

13. Rebellion vs Subversion

Rebellion is committed by rising publicly and taking up arms against the Govt for the purpose under Art. 134
while subversion punishes affiliation of membership in a subversive organization.
Subversion is a crime against national security while rebellion is a crime against public order
Rebellion makes use of force and violence while subversion does only constitute force and violence but may
partake of other forms.

14. Rebellion vs coup detat
REBELLION is committed when a multitude of persons rise publicly in arms for the purpose of overthrowing the duly
constituted government, to be replaced by a government of the rebels. It is carried out by force and violence, but need not
be participated in by any member of the military, national police or any public officer. COUP D'ETAT is committed when
members of the military, Philippine National Police, or public officer, acting as principal offenders, launched a swift attack
thru strategy, stealth, threat, violence or intimidation against duly constituted authorities of the Republic of the Philippines,
military camp or installation, communication networks, public facilities or utilities needed for the exercise and continued
possession of governmental powers, for the purpose of seizing or diminishing state powers.

Unlike rebellion which requires a public uprising, coup d'etat may be carried out singly or simultaneously and the principal
offenders must be members of the military, national police or public officer, with or without civilian support. The criminal
objective need not be to overthrow the existing government but only to destabilize or paralyze the existing government.

15. Coup detat and the new firearms law.

Coup detat; New Firearms Law (1998)
1. How is the crime of coup d'etat committed? [3%]
2. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or crimes did he
commit? [2%]
SUGGESTED ANSWER:
1. The crime of coup d'etat is committed by a swift attack, accompanied by violence, intimidation, threat, strategy or stealth
against the duly constituted authorities of the Republic of the Philippines, military camps and installations, communication
networks, public utilities and facilities needed for the exercise and continued possession of power, carried out singly or
simultaneously anywhere in the Philippines by persons belonging to the military or police or holding public office, with or
without civilian support or participation, for the purpose of seizing or diminishing state power. (Art 134-A, RPC).
2. The public school teacher committed only coup d'etat for his participation therein. His use of an unlicensed firearm is
absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).

16. Inciting to rebellion vs proposal to commit rebellion.

Inciting to rebellion Proposal to commit rebellion

In both crimes, the offender induces another to commit rebellion

It is not required that the offender has decided to The person who proposes has decided to commit
commit the rebellion rebellion

The act of inciting is done publicly The person who proposes uses secret means

17. Sedition vs. tumults and other disturbance of public order

sedition involves disturbance of public order resulting from tumultuous uprising while in tumults and other disturbance of
public order there is no public uprising.

18. Coverage of an unlicensed firearm.

firearms with expired license
unauthorized use of licensed firearm in the commission of the crime

19. Persons liable in illegal assembly.

The organizer or leaders of the meeting;
Persons merely present at the meeting, who must have a common intent to commit the felony of illegal assembly.

20. Acts punishable in alarms and scandals.

1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause
(which produces) alarm of danger;
2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public
tranquility;
3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements;
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 in not
applicable.

21. Presumption of falsification.

A falsified official or public document was found in the possession of the accused. No evidence was introduced to show
that the accused was the author of the falsification. As a matter of fact, the trial court convicted the accused of falsification
of official or public document mainly on the proposition that "the only person who could have made the erasures and the
superimposition mentioned is the one who will be benefited by the alterations thus made" and that "he alone could have
the motive for making such alterations".

Was the conviction of the accused proper although the conviction was premised merely on the aforesaid ratiocination?
Explain your answer. (3%)

Yes, the conviction is proper because there is a presumption in law that the possessor and user of a falsified document is
the one who falsified the same.

22. Perjury vs false testimony.

False testimony Perjury
Perversions of truth
Given in the course of judicial proceeding Not given in judicial proceeding
Contemplates an actual trial May be committed during preliminary investigation and
in making false affidavits

23. Definition of Illegal Numbers Game

Illegal number games refer to any form of illegal gambling activity which uses numbers or combinations thereof as
factors in giving out jackpots. It includes games such as jueteng, masiao, and last two.

24. Difference between grave scandal and alarms and scandal

Grave scandal is a crime against public morals; alarms and scandals is a crime against public order.

OR, stated differently

Grave scandal consists of highly scandalous acts which are offensive to decency and good customs; alarms
and scandals consist of acts which disturb public peace.

25. Prostitutes
- are women who,
1. for money or profit,
2. habitually indulged in
a.) sexual intercourse or
b.) lascivious conduct

Mendicants
-any person, (except Any infant or child 8 years old and below who is found begging or is being utilized by a
mendicant for purposes of begging; Any minor over 9 years of age under 15 found begging or is being utilized for
purposes of begging, and who acted with or without discernment; Any person who is found begging and who is physically
or mentally incapable of gainful occupation. ) who has no visible and legal means of support, or lawful employment and
who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means
of living.
26. Acts considered as betrayal of trust by an attorney or solicitor

The following are the acts considered as betrayal of trust by an attorney or solicitor:
1. Causing damage to his client, either:
a. by any malicious breach of professional duty; or
b. by inexcusable negligence or ignorance
2. Revealing any of the secrets of his client learned by him in his professional capacity
3. 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.

27. Bribery and corruption of public official

Bribery & Corruption of Public Official (2001)

Deputy Sheriff Ben Rivas received from the RTC Clerk of Court a Writ of Execution in the case of Ejectment filed by Mrs.
Maria Estrada vs. Luis Ablan. The judgment being in favor of Estrada, Rivas went to her lawyer's office where he was
given the necessary amounts constituting the sheriffs fees and expenses for execution in the total amount of P550.00,
aside from P2,000.00 in consideration of prompt enforcement of the writ from Estrada and her lawyer. The writ was
successfully enforced. a) What crime, if any, did the sheriff commit? (3%) b) Was there any crime committed by Estrada
and her lawyer and if so, what crime? (2%)

SUGGESTED ANSWER:

a) The sheriff committed the crime of Direct Bribery under the second paragraph of Article 210, Revised Penal Code,
since the P2,000 was received by him "in consideration" of the prompt enforcement of the writ of execution which is an
official duty of the sheriff to do.

ALTERNATIVE ANSWER;

a) On the premise that even without the P2,000, Sheriff Ben Rivas had to carry out the writ of execution and not that he
would be implementing the writ only because of the P2,000.00, the receipt of the amount by said sheriff may be regarded
as a gift received by reason of his office and not as a "consideration" for the performance of an official duty; hence, only
indirect Bribery would be committed by said sheriff.

b) On the part of the plaintiff and her lawyer as giver of the bribe-money, the crime is Corruption of Public Officials under
Article 212, Revised Penal Code.

The offender in bribery is the public officer who accepts an offer or receives a gift; the offender in corruption of public
officials is any person made the offer or promise or gave the gift.

28. Distinctions between direct bribery and indirect bribery

The following are the distinctions between direct bribery and indirect bribery:
1. In direct bribery, there is an agreement between the public officer and the giver of the gift; in indirect bribery,
usually, no such agreement exists
2. In direct bribery, the offender agrees to perform or performs an act or refrains from doing something, because
of the gift or promise; in indirect bribery, it is not necessary that the officer should do any particular act or even
promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office.

II.

1. Modes of committing treason and ways of proving treason

 The modes of committing treason are the following.
By levying war against a government.
Adhering to the enemies, giving aid or comfort.

A person may be convicted of treason on the following evidence ONLY:

[Two-witness rule] Testimony of two witnesses, at least, to the same overt act; or
Confession of the accused in open court

2.Punishable acts of Espionage.

(Mode 1) Elements:

1. Offender enters a warship, fort or naval or military establishment or reservation

2. He has no authority therefore His purpose is to obtain information, plans, photographs or other data of a confidential
nature relative to the defense of the Philippines
(Mode 2) Elements:

1. Offender is a public officer

2. He has in his possession (by reason of the public office he holds) any information, plans, photographs or other data of
a confidential nature relative to the defense of the Philippines
3. He discloses their contents to a representative of a foreign nation

1. Unlawfully obtaining or permitting to obtain information affecting national defense;

2. Unlawful disclosing of information affecting national defense
3. Disloyal acts or words in time of peace;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections;
6. Harboring or concealing violators of law.

3. PD 532 ACTS PUNISHABLE

Punishable Acts under the Crime of Piracy

1. Any attack upon or seizure of any vessel

2. The taking of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value therefore
3. That the above acts were done by means of violence against or intimidation of persons or force upon things.

Punishable Acts under the Crime of Highway Robbery/Brigandage

1. Any attack upon or seizure on any highway

2. The taking of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or
passengers, irrespective of the value therefore
3. That the above acts were done by means of violence against or intimidation of persons or force upon things.

Acts Punishable:

AIDING OR ABETTING PIRACY REQUISITES:

1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit;
3. Directly or indirectly abets the commission of piracy

Piracy in the High Seas & Qualified Piracy

Nagoya Maru was negotiating the sea route from Hongkong towards Manila, and while still 300 miles from Aparri,
Cagayan, its engines malfunctioned. The Captain ordered the ship to stop for emergency repairs lasting for almost 15
hours. Due to exhaustion, the officers and crew fell asleep. While the ship was anchored, a motorboat manned by
renegade Ybanags from Claveria, Cagayan, passed by and took advantage of the situation. They cut the ship's engines
and took away several heavy crates of electrical equipment and loaded them in their motorboat. Then they left hurriedly
towards Aparri. At daybreak, the crew found that a robbery took place. They radioed the Aparri Port Authorities resulting in
the apprehension of the culprits.

What crime was committed? Explain. (2.5%)

SUGGESTED ANSWER:

Piracy in the high seas was committed by the renegade Ybanags. The culprits, who are neither members of the
complement nor passengers of the ship, seized part of the equipment of the vessel while it was three hundred miles away
from Aparri, Cagayan (Art. 122, Revised Penal Code).

Supposing that while the robbery was taking place, the culprits stabbed a member of the crew while sleeping. What crime
was committed? Explain. (2.5%)

SUGGESTED ANSWER:

The crime committed is qualified piracy, because it was accompanied by physical injuries/homicide. The culprits stabbed
a member of the crew while sleeping (Art. 123, Revised Penal Code).

Elements of Qualified Piracy

1. WHENEVER THE OFFENDERS HAVE SEIZED THE VESSEL BY BOARDING OR FIRING UPON THE SAME
2. WHENEVER THE PIRATES HAVE ABANDONED THEIR VICTIMS WITHOUT MEANS OF SAVING THEMSELVES;
OR
3. WHENEVER HE CRIME IS ACCOMPANIED BY MURDER, HOMICIDE, PHYSICAL INJURIES, OR RAPE.

4.
Highway Robbery (PD 532) Robbery committed on highway
1. Robbery is committed indiscriminately against 1. Robbery is committed only against
persons who commute in such highways.
predetermined victims.

2. When the offender is a brigand or one who 2. Commission in public highway is only incidental
roams in public highways and carries out his
and the offender is not a brigand.
robbery.

3. There is frequency in the commission of robbery 3. Only occasional against a predetermined victim.
in public highways and against persons travelling
thereat.

5. A Phil air lines aircraft is bound for Davao. While the pilot and co-pilot are taking their snacks at the airport lounge, some
of the armed men were also there. The pilots were followed by these men on their way to the aircraft. As soon as the pilot
entered the cockpit, they pulled out their firearms and gave instructions where to fly the aircraft. Does anti hi- jacking law
apply?
No, even when the pilots are already inside the cockpit, highjacking of the aircraft is not still committed because the
aircraft is still not in flight because the external doors were not yet closed.

6. Necessary requisites before the anti-hijacking law ( RA 6235 ) may apply

RA 6235 may be applied provided that the following elements are present.
Changing the course or destination of a Philippine aircraft while in flight. An aircraft is considered "in flight" when its
external doors are closed following embarkation until the doors are opened following disembarkation.
When a foreign aircraft is to land in the Philippines or while it's in Philippine territory.
Loading, shipping or carrying explosive, flammable, corrosive or poisonous substances in a passenger aircraft
within the Philippines.
7. When is an aircraft considered in flight?
An aircraft is considered "in flight" when its external doors are closed following embarkation until the doors are
opened following disembarkation.

8. If the aircraft is of foreign registry, is it required that it is in flight before RA 6235 applies?
No, it is not required that a foreign aircraft is in flight for RA 6235 to be applied because it is only required that a
foreign aircraft is to land in the Philippines or while it's in Philippine territory for RA 6235 to apply.

9. Is there hijacking in the attempted stage?

None, There is no hijacking in the attempted stage. RA 6235 is a special law, where the attempted stage is not
punishable.

10. In the course of hijacking, a passenger or complement was shot and killed. What crime or crimes were
committed?
The crime committed is RA6235 in its aggravated form for shooting a passenger.

11. If the aircraft is of phil. Registry but it is not in flight and any of the four circumstances mentioned under RA
6235 is committed, what law applies?
The crime committed is murder or homicide since the aircraft is not yet in flight.

12. Acts punishable under RA6235 or the anti-hijacking law.

Changing the course or destination of a Philippine aircraft while in flight. An aircraft is considered "in flight" when its
external doors are closed following embarkation until the doors are opened following disembarkation.
When a foreign aircraft is to land in the Philippines or while it's in Philippine territory.
Loading, shipping or carrying explosive, flammable, corrosive or poisonous substances in a passenger aircraft
within the Philippines.

13. Human security act or RA 9372

A. Predicate crimes of RA 9372

Defines the crime of terrorism to be the commission of any of the crimes of

A. Under the Revised Penal Code.

i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters
ii. rebellion
iii. Coup detat
iv. Murder
v. Kidnapping and Serious Illegal Detention

B. Under Special Laws

i. Arson under P.D. 1613
ii. Violation of R.A. 6969 ( Toxic Substance ad Nuclear Waste Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives)

B. Elements of terrorism
A. The accused ( maybe a single individual or a group) must commit any of the enumerated crimes
B. There results a condition of widespread and extraordinary fear and panic among the populace
i. The extent and degree of fear and panic, including the number of people affected in order to meet the term
populace, are questions of facts to be determined by the courts and on a case to case basis.
ii. Is the term populace to be interpreted as referring to the local inhabitants where the acts were committed, or
does it refer to the national population?
C. The purpose of the accused must be to coerce the government to give into an unlawful demand
i. The word demand is too broad as to cover not only political, criminal or monetarial demands but also those
which maybe categorized as social or economic. This however is qualified by the word unlawful.
14. Punishable acts in the Anti- Torture Act or RA 9745
1. Torture (Section 4)
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority
upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the
body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and
jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not
normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical
substances on mucous membranes, or acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of
the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which
are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she
shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or
putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
2. Other Cruel, Inhuman and Degrading Treatment or Punishment. (Section 5)

Purpose of obtaining from him/her or a third person information or a confession; punishing him/her for an
act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her
or a third person; or for any reason based on discrimination of any kind

15. Rule in Unlawful Arrest and Incriminating An Innocent Person

a. May arbitrary detention be committed if the offended party is not kept within an enclosure to restrict him of his
freedom of locomotion?
Yes, arbitrary detention be committed if the offended party is not kept within an enclosure to restrict him of his
freedom of locomotion.
The elements of the crime are:
1. That the offender is a public officer or employee.
2. That he detains a person.
3. That the detention is without legal grounds.
In the case of People v. Cortez, it was held that, in establishing the intent to deprive the victim of his liberty, it is
not necessary that the offended party be kept within an enclosure to restrict her freedom of locomotion.
The prevailing jurisprudence on kidnapping and illegal detention is that the curtailment of the victims liberty need
not involve any physical restraint upon the victims person. If the acts and actuations of the accused can produce such fear
in the mind of the victim sufficient to paralyze the latter, to the extent that the victim is compelled to limit his own actions
and movements in accordance with the wishes of the accused, then the victim is, for all intents and purposes, detained
against his will.
People v. Cortez na cinite din sa Astorga Vs. People
Astorga vs. People

b. A police officer surreptitiously placed a marijuana stick in a students pocket and then arrested him for possession of
marijuana cigarette. What crime can the police officer be charged with?
The police officer can be charged with Complex crime of incriminating an innocent person with unlawful arrest.
Ito ung sagot sa internet tanong sia na mcq # 9 question http://www.lawphil.net/courts/bm/barQ/2011/criminalQ.html
The elements of unlawful arrest are:
1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper
authorities; and
3. That the arrest or detention is not authorized by law or there is
no reasonable ground therefor.
The elements of incriminating an innocent person are:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime; and
3. That such act does not constitute perjury.
The crime of incriminating an innocent person was done through the planting of evidence. In the given case the
placing of the marijuana stick in the students pocket. The act then lead to the students arrest which was unlawful
because there was no reasonable ground for him to be arrested. It was the police officer who planted the evidence to
incriminate the innocent student and for the arrest to be possible.

16. Coup d etat how committed

Elements:

1. Offender is a person or persons belonging to the military or police or holding any public office or employment;
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth;
3. The attack is directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or
installation, communication networks, public utilities or other facilities needed for the exercise and continued possession
of power;
4. The purpose of the attack is to seize or diminish state power.

17.

18. Coup detat (2002)

If a group of persons belonging to the armed forces makes a swift attack, accompanied by violence, intimidation and threat
against a vital military installation for the purpose of seizing power and taking over such installation, what crime or crimes
are they guilty of? (3%)

SUGGESTED ANSWER: The perpetrators, being persons belonging to the Armed Forces, would be guilty of the crime of
coup d'etat, under Article 134-A of the Revised Penal Code, as amended, because their attack was against vital military
installations which are essential to the continued possession and exercise of governmental powers, and their purpose is to
seize power by taking over such installations.
B. If the attack is quelled but the leader is unknown, who shall be deemed the leader thereof? (2%)

SUGGESTED ANSWER:

The leader being unknown, any person who in fact directed the others, spoke for them, signed receipts and other documents
issued in their name, or performed similar acts, on behalf of the group shall be deemed the leader of said coup d'etat (Art
135, R.P.C.)

19. Supposing a public school teacher participated in a coup d'etat using an unlicensed firearm. What crime or
crimes did he commit? [2%]

The public school teacher committed only coup d'etat for his participation therein. His use of an unlicensed firearm is
absorbed in the coup d'etat under the new firearms law (Rep. Act No. 8294).

20. Distinguish clearly but briefly: Between rebellion and coupd'etat, based on their constitutive elements as
criminal offenses.

SUGGESTED ANSWER:

REBELLION is committed when a multitude of persons rise publicly in arms for the purpose of overthrowing the duly
constituted government, to be replaced by a government of the rebels. It is carried out by force and violence, but need not
be participated in by any member of the military, national police or any public officer. COUP D'ETAT is committed when
members of the military, Philippine National Police, or public officer, acting as principal offenders, launched a swift attack
thru strategy, stealth, threat, violence or intimidation against duly constituted authorities of the Republic of the Philippines,
military camp or installation, communication networks, public facilities or utilities needed for the exercise and continued
possession of governmental powers, for the purpose of seizing or diminishing state powers.

Unlike rebellion which requires a public uprising, coup d'etat may be carried out singly or simultaneously and the principal
offenders must be members of the military, national police or public officer, with or without civilian support. The criminal
objective need not be to overthrow the existing government but only to destabilize or paralyze the existing government.

21.
A. the elements of rebellion are:
a. there be a public uprising and taking arms against the Government and
b. the purpose of the uprising is either
i. to remove from the allegiance of said government or its laws the territory of the philppines or any part
thereof or any body of land, naval or armed forces or;
ii. to deprive the chief executive or congress wholly or partially, of any of their powers or prerogative.
B. The elements of inciting rebellion are
a. the offender does not take arms or is not in open hostility against the government
b. the offender incites others to the execution of any of the acts of rebellion
c. the inciting is done by means of speeches, proclamations, writing emblems, banners or other representation
tending to the same end
C. the elements of sedition are
a. the offenders rise publicly and tumultuously
b. they employ force, intimidation, other means outside of legal methods
c. they employ any of those means to attain:
i. to prevent the promulgation or execution of any law or holding of any popular election
ii. to prevent the national government or any provincial or municipal government or any public officer
thereof from freely exercising its or his functions or prevent the execution of any administrative order.
iii. to inflict any hate or revenge upon the person or property of any public officer or employee
iv. to commit, for any political or social end any act of hate or revenge against private persons or any
social class and
v. to despoil, for any political or social end, any person, municipality or province or the national
government of all it property or any part thereof
D. the elements of inciting sedition are
 a. the offender does not take direct part in the crime of sedition
b. he incites other to the accomplishment of any of the acts which constitute sedition
c. the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end

22. A. the elements of sedition are

a. the offenders rise publicly and tumultuously
b. they employ force, intimidation, other means outside of legal methods
c. they employ any of those means to attain:
i. to prevent the promulgation or execution of any law or holding of any popular election
ii. to prevent the national government or any provincial or municipal government or any public officer
thereof from freely exercising its or his functions or prevent the execution of any administrative order.
iii. to inflict any hate or revenge upon the person or property of any public officer or employee
iv. to commit, for any political or social end any act of hate or revenge against private persons or any
social class and
v. to despoil, for any political or social end, any person, municipality or province or the national
government of all it property or any part thereof
B. the elements of inciting sedition are
a. the offender does not take direct part in the crime of sedition
b. he incites other to the accomplishment of any of the acts which constitute sedition
c. the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end
C. Statements constitute inciting to sedition when:
a. they tend to disturb or obstruct any lawful officer in executing the functions of his office
b. they tend to instigate others to cabal and meet together for unlawful purposes
c. they suggest or incite rebellious conspiracies or riots
d. they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community,
safety and order of the government
23. Public officers are those persons:
Public Officers are persons who, by direct provision of the law, popular election or appointment by competent authority,
takes part in the performance of public functions in the Government of the Philippines, or performs in said Government or
in any of its branches public duties as an employee, agent or subordinate official, of any rank or class (Art. 203, RPC)

24.3 ways of committing Arbitrary detention

SUGGESTED ANSWER: The 3 ways of arbitrary detention are: a) Arbitrary detention by detaining a person without legal
ground committed by any public officer or employee who, without legal grounds, detains a person (Art. 124, Revised
Penal Code). b) Delay in the delivery of detained persons to the proper judicial authorities which is committed by a public
officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper
judicial authorities within the period of: twelve (12) hours, for crimes or offense punishable by light penalties, or their
equivalent; eighteen hours (18), for crimes or offenses punishable by correctional facilities, or their equivalent; and thirty-
six (36) hours for crimes or offenses punishable by afflictive or capital penalties, or their equivalent (Art. 125, Revised
Penal Code). c) Delaying release is committed by any public officer or employee who delays the release for the period of
time specified therein the performance of any judicial or executive order for the release of the prisoner, or unduly delays

25. the distinction between violation of domicile and trespass to dwelling is:

26. Evasion of Service

Elements:

1. Offender is a convict by final judgment;

2. He is serving sentence which consists in the deprivation of liberty;
3. He evades service of his sentence by escaping during the term of his imprisonment.
Manny killed his wife under exceptional circumstances and was sentenced by the Regional Trial Court of Dagupan City to
suffer the penalty of destierro during which he was not to enter the city.

While serving sentence, Manny went to Dagupan City to visit his mother. Later, he was arrested in Manila.

1. Did Manny commit any crime? [3%] 2. If so, where should he be prosecuted? [2%]

1. Yes. Manny committed the crime of evasion of service of sentence when he went to Dagupan City, which he was
prohibited from entering under his sentence of destierro. A sentence imposing the penalty of destierro is evaded when the
convict enters any of the place/places he is prohibited from entering under the sentence or come within the prohibited
radius. Although destierro does not involve imprisonment, it is nonetheless a deprivation of liberty. (People vs. Abilong. 82
Phil. 172).

2. Manny may be prosecuted in Dagupan City or in Manila where he was arrested. This is so because evasion of service
of sentence is a continuing offense, as the convict is a fugitive from justice in such case. (Parulan vs. Dir. of Prisons, L-
28519, 17 Feb. 1968)

27.Absorption principle. Aggravating.

Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an element of the crimes of rebellion,
insurrection, sedition, or attempted coup detat

If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be
considered as an aggravating circumstance.

If the violation of this Section is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection,
sedition, or attempted coup d'tat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection,
sedition, or attempted coup d'tat.

28.Can TC convict of 2 crimes- murder and illegal possession? Direct assault and possession?

No, If murder or direct assault is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall
be considered as an aggravating circumstance (People vs. Evangelista and People vs. Ladjaalam).

29. direct assault with multiple homicide. Used unlicensed firearm. Can he be convicted separately?

No, The law is clear: the accused can be convicted of simple illegal possession of firearms, provided that no other crime
was committed by the person arrested. If the intention of the law in the second paragraph were to refer only to homicide
and murder, it should have expressly said so, as it did in the third paragraph. Verily, where the law does not distinguish,
neither should [the courts]. Hence, the use of loose firearm is merely an aggravating circumstance.

Pero sa pagkakaalam ko (di ako sure a): If there is an absurdity, impose the penalty of the graver offense. Therefore, the
penalty under illegal possession should be imposed.

30. Persons in Authority/Agents of Persons in Authority (2000)

Who are deemed to be persons in authority and agents of persons in authority? (3%)

SUGGESTED ANSWER:
Persons in authority are persons directly vested with jurisdiction, whether as an individual or as a member of some court
or government corporation, board, or commission. Barrio captains and barangay chairmen are also deemed persons in
authority. (Article 152, RPC)

Agents of persons in authority are persons who by direct provision of law or by election or by appointment by competent
authority, are charged with maintenance of public order, the protection and security of life and property, such as barrio
councilman, barrio policeman, barangay leader and any person who comes to the aid of persons in authority (Art. 152,
RPC), In applying the provisions of Articles 148 and 151 of the Rev. Penal Code, teachers, professors and persons
charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the
actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in
authority.

(P.D. No. 299, and Batas Pambansa Blg. 873).

Requisites to be a public officer:

1. Taking part in the performance of public functions in the government;

or
Performing in said government or in any of its branches public duties as an employee, agent or subordinate official, or any
rank or class;

2. 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
By appointment by competent authority.

31. READ CASES ON DIRECT ASSAULT AND INDIRECT ASSAULT

32. Art. 148Direct Assault vs. Resistance & Disobedience

A, a teacher at Mapa High School, having gotten mad at X, one of his pupils, because of the latter's throwing paper clips
at his classmates, twisted his right ear. X went out of the classroom crying and proceeded home located at the back of the
school. He reported to his parents Y and Z what A had done to him. Y and Z immediately proceeded to the school building
and because they were running and talking in loud voices, they were seen by the barangay chairman, B, who followed
them as he suspected that an untoward incident might happen. Upon seeing A inside the classroom, X pointed him out to
his father, Y, who administered a fist blow on A, causing him to fall down. When Y was about to kick A, B rushed towards
Y and pinned both of the latter's arms. Seeing his father being held by B, X went near and punched B on the face, which
caused him to lose his grip on Y. Throughout this incident, Z shouted words of encouragement at Y, her husband, and
also threatened to slap A. Some security guards of the school arrived, intervened and surrounded X, Y and Z so that they
could be investigated in the principal's office.

Before leaving, Z passed near A and threw a small flower pot at him but it was deflected by B. a) What, if any, are the
respective criminal liability of X Y and Z? (6%) b) Would your answer be the same if B were a barangay tanod only? (4%)

SUGGESTED ANSWER:

a) X is liable for Direct Assault only, assuming the physical injuries inflicted on B, the Barangay Chairman, to be only slight
and hence, would be absorbed in the direct assault. A Barangay Chairman is a person in authority (Art. 152, RPC) and in
this case, was performing his duty of maintaining peace and order when attacked.

Y is liable for the complex crimes of Direct Assault With Less Serious Physical Injuries for the fist blow on A, the teacher,
which caused the latter to fall down. For purposes of the crimes in Arts. 148 and 151 of the Revised Penal Code, a
teacher is considered a person in authority, and having been attacked by Y by reason of his performance of official duty,
direct assault is committed with the resulting less serious physical injuries completed. Z, the mother of X and wife of Y
may only be liable as an accomplice to the complex crimes of direct assault with less serious physical injuries committed
by Y. Her participation should not be considered as that of a coprincipal, since her reactions were only incited by her
relationship to X and Y. as the mother of X and the wife of Y.

b) If B were a Barangay Tanod only, the act of X oflaying hand on him, being an agent of a person in authority only, would
constitute the crime of Resistance and Disobedience under Article 151, since X, a high school pupil, could not be
considered as having acted out of contempt for authority but more of helping his father get free from the grip of B. Laying
hand on an agent of a person in authority is not ipso facto direct assault, while it would always be direct assault if done to
a person in authority in defiance to the latter is exercise of authority.

33. Charivari a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc.
designed to annoy and insult.

34. Forgery & Falsification (1999)

FORGING or forgery is committed by giving to a treasury or bank note or any instrument payable to bearer or to order the
appearance of a true and genuine document; or by erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words or signs contained therein. FALSIFICATION, on the other hand, is committed by:

1Counterfeiting or imitating any handwriting, signature or rubric;

2 Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
3 Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
4 Making untruthful statements in a narration of facts;
5 Altering true dates;
6 Making any alteration or intercalation in a genuine document which changes its meaning;
7 Issuing in an authenticated form a document purporting to be a copy of an original document when no such original
exists, or including in such copy a statement contrary to, or different from, that of the genuine original; or
8 Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

35. falsified a private document and used the same to obtain gain by means of deceit. Estafa through
falsification?
There is no complex crime of estafa through falsification of a private document because the immediate effect of falsification
of a private document is the same as that of estafa.
If a private document is falsified to obtain from the offended party the money or other personal property which the offender
later misappropriated, the crime committed is falsification of private document only.
If a private document is falsified to conceal the misappropriation of the money or other personal property which has been
in the possession of the offender, the crime committed is estafa with abuse of confidence only.
If estafa was already consummated at the time of the falsification of a private document or if the falsification was committed
to for the purpose of concealing estafa, the falsification is not punishable as because as regards the falsification, there
was no damage or intent to cause damage.

36. MNO, who is 30 years old, was charged as a drug pusher under the Comprehensive Dangerous Drugs Act of 2002.
During pre-trial, he offered to plead guilty to the lesser offense concerning use of dangerous drugs. Should the Judge
allow MNO's plea to the lesser offense? Explain briefly. (5%)
SUGGESTED ANSWER:
No, the Judge should not allow MNO's plea to a lesser offense, because plea-bargaining in prosecutions of drug-related
cases is no longer allowed by Rep. Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, regardless of the
imposable penalty.

Dangerous Drug Act: Plea-Bargaining (2005)

Obie Juan is suspected to have in his possession an unspecified amount of methamphetamine hydrochloride orshabu.
An entrapment operation was conducted by police officers, resulting in his arrest following the discovery of 100 grams of
the said dangerous drug in his possession. He was subjected to a drug test and was found positive for the use of
marijuana, another dangerous drug. He was subsequently charged with two crimes: Violation of
Section 11, Article II of RA 9165 for the possession of shabu and violation of Section 15, Article II of RA 9165 for the use
of marijuana. (5%)

a) Are the charges proper? Explain.

SUGGESTED ANSWER:

No. The use of dangerous drugs is not committed when Obie Juan was also found to have in his possession such quantity
of any dangerous drug. (See s. 11 and 16, RA. No. 9165)

b) So as not to be sentenced to death, Obie Juan offers to plead guilty to a lesser offense. Can he do so? Why?

SUGGESTED ANSWER:

No. Obie Juan cannot plead guilty to a lower offense as it is prohibited under the law. (Section 23, RA. No. 9165) Any
person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining.

The Comprehensive Dangerous Drugs Act of 2002

Acts Punished:
1. Importation of dangerous drugs and / or controlled precursors and essential chemicals
2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and / or
controlled precursors and essential chemicals
3. Maintenance of den, dive or resort where dangerous drugs and / or controlled precursors and essential chemicals are
used or sold.

4. Being employees of the den, dive or resort:

5. Manufacture of dangerous drugs and / or controlled precursors and essential chemicals

6. Illegal diversion of any controlled precursor and essential chemical

7. Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and / or
controlled precursors and essential chemicals

8. Possession of dangerous drug

9. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs

10. Possession of dangerous drugs during parties, social gatherings or meetings will merit maximum penalty regardless of
quantity and purity

11. Possession of equipment, instrument, apparatus for dangerous drugs during parties, social gatherings, or meetings
merit maximum penalty

12. Use of dangerous drugs

13. Cultivation or culture of plants classified as dangerous drugs

14. Maintenance and keeping of original records of transactions on dangerous drugs and / or controlled precursors and
essential chemicals

15. Unnecessary prescription of dangerous drugs

16. Unlawful prescription of dangerous drugs

37. financier. Coddler/protector.

Dangerous Drugs Act (2006)
After receiving reliable information that Dante Ong, a notorious drug smuggler, was arriving on PAL Flight NO. PR 181,
PNP Chief Inspector Samuel Gamboa formed a group of anti-drug agents. When Ong arrived at the airport, the group
arrested him and seized his attache case. Upon inspection inside the Immigration holding area, the attach case yielded 5
plastic bags of heroin weighing 500 grams. Chief Inspector Gamboa took the attache case and boarded him in an
unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame and upon nearing White Plains corner EDSA,
Chief Inspector Gamboa ordered PO3 Lorbes to stop the car. They brought out the drugs from the case in the trunk and
got 3 plastic sacks of heroin. They then told Ong to alight from the car. Ong left with the 2 remaining plastic sacks of
heroin. Chief Inspector Gamboa advised him to keep silent and go home which the latter did. Unknown to them, an NBI
team of agents had been following them and witnessed the transaction. They arrested Chief Inspector Gamboa and PO3
Lorbes. Meanwhile, another NBI team followed Ong and likewise arrested him. All of them were later charged. What are
their respective criminal liabilities? (5%)

SUGGESTED ANSWER:

Chief Inspector Gamboa and PO3 Pepito Lorbes who conspired in taking the attache case are liable for the following
crimes defined under RA. 9165: a) Sec. 27 for misappropriation or failure to account for the confiscated or seized
dangerous drugs. b) Sec. 4 in relation to Sec. 3(ee) for their acts as protector/coddler of Dante Ong who imported drugs

In addition, by allowing Ong to escape prosecution for illegal importation or illegal transportation of dangerous drugs,
where the penalty is life imprisonment to death, they are also liable for qualified bribery under Art. 211-A of the Revised
Penal Code.

With respect to Dante Ong, he is guilty of illegal importation of dangerous drugs under Sec. 4, R.A. 9165, if PR 181 is an
international flight. If PR 181 is a domestic flight, he is liable for violation of Sec. 5, RA. 9165 for illegal transportation of
dangerous drugs.

Protector/Coddler. Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and
uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she
knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the
arrest, prosecution and conviction of the violator.

38. Persons liable in the crime of counterfeit of drugs:

a) the manufacturer, exporter or importer of the counterfeit drugs and their agents: Provided, That the agents shall be
liable only upon proof of actual or constructive knowledge that the drugs are counterfeit;
b) the seller, distributor, trafficker, broker or donor and their agents, upon proof of actual or constructive knowledge that
the drugs sold, distributed, offered or donated are counterfeit drugs;
c) the possessor of counterfeit drugs as provided in Section 4 (b) hereof;
d) the manager, operator or lessee of the laboratory or laboratory facilities used in the manufacture of counterfeit drugs;
e) the owner, proprietor, administrator or manager of the drugstore, hospital pharmacy or dispensary, laboratory or other
outlets or premises where the counterfeit drug is found who induces, causes or allows the commission of any act herein
prohibited;
f) the registered pharmacist of the outlet where the counterfeit drug is sold or found, who sells or dispenses such drug to a
third party and who has actual or constructive knowledge that said drug is counterfeit; and
g) should the offense be committed by a juridical person the president, general manager, the managing partner, chief
operating officer or the person who directly induces, causes or knowingly allows the commission of the offense shall be
penalized.

39. Punishable Acts under the Anti-Trafficking in Persons Act of 2003 (R.A. 9208)

A. Trafficking in Persons
a. To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the
pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.

b. To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for
under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying,
offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage.

c. To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage.

d. To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing
and offering persons for prostitution, pornography or sexual exploitation.

e. To maintain or hire a person to engage in prostitution or pornography.

f. To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage. (Conviction by final judgment of the adopter for any offense under
this law shall result in the immediate rescission of the decree of adoption).

g. To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale of organs of said person.

h. To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

B. Promoting Trafficking in Persons

a. To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of
promoting trafficking in persons.

b. To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and
certificates of any government agency which issues these certificates and stickers as proof of compliance with
government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons.

c. To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or
distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons.

d. To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and
necessary exit documents from government agencies that are mandated to provide pre-departure registration and
services for departing persons for the purpose of promoting trafficking in persons.

e. To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports,
territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the
purpose of promoting trafficking in persons.

f. To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked
persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government
or appropriate agencies.

g. To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of
involuntary servitude, forced labor, or slavery.

E. Use of Trafficked Persons

F. Causing the publicity of the name, personal circumstances, or any information tending to establish the identity of the
trafficked person by an editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in
case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media
facilities or electronic information technology except when the trafficked person in a written statement duly notarized
knowingly, voluntarily and willingly waives said confidentiality.

40. Direct Bribery

Elements:

1. Offender is a public officer within the scope of Article 203;

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

Elements:

1. Offender is a public officer;

2. He accepts gifts;
3. The gifts are offered to him by reason of his office.

41.
Money Laundering Offense. Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined
are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following:

(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of
any unlawful activity, transacts or attempts to transact said monetary instrument or property.

(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in
paragraph (a) above.

(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed
with the Anti-Money Laundering Council (AMLC), fails to do so.

AMLA, Cycle of Laundering

1.) placement stage -represents the initial entry of the "dirty" cash or proceeds of crime into the financial system. Generally,
this stage serves two purposes: (a) it relieves the criminal of holding and guarding large amounts of bulky of cash; and (b)
it places the money into the legitimate financial system
2.) layering stage (sometimes referred to as structuring) -often entails the international movement of the funds.
-primary purpose of this stage is to separate the illicit money from its source. This is done by the sophisticated layering of
financial transactions that obscure the audit trail and sever the link with the original crime
Eg. By moving funds electronically from one country to another, then divide them into investments placed in advanced
financial options or overseas markets; constantly moving them to elude detection
3.) integration stage - where the money is returned to the criminal from what seem to be legitimate sources. Having been
placed initially as cash and layered through a number of financial transactions, the criminal proceeds are now fully integrated
into the financial system and can be used for any purpose

42. Effect if public officer returns the bribe money.

DIRECT BRIBERY: No Crime

INDIRECT BRIBERY: No Crime
Corruption of Public Officials: Attempted Corruption of Public Officials.
43. Definition of gross negligence and ill-gotten wealth.

Ill-gotten wealth/unexplained wealth (Section 8 of RA 3019)- a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and
to his other lawful income, that fact shall be a ground for dismissal or removal.

Gross inexcusable negligence- Gross inexcusable negligence is negligence characterized by the want of even slight care; acting or
omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to
consequences in so far as other persons may be affected. It is the omission of that care which even inattentive and thoughtless men
never fail to take on their own property; In cases involving public officials, it takes place only when breach of duty is flagrant and devious
(Siztoza v. Desierto 437 Phil. 117, 122, 132 2002).

44. Who may be granted immunity in anti-graft law?

Section 1.
(1) Any person who voluntarily gives information about any violation of Articles 210, 211 and 212 of the Revised Penal Code, Republic Act Numbered
Three Thousand Nineteen, as amended: Section 345 of the Internal Revenue Code and Section 3604 of the Tariff and Customs Code and other
provisions of the said Codes penalizing abuse or dishonesty on the part of the public officials concerned; and other laws, rules and regulations
punishing acts of graft, corruption and other forms of official abuse; and who willingly testifies against any public official or employee for such
violation shall be exempt from prosecution or punishment for the offense with reference to which his information and testimony were given, and
may plead or prove the giving of such information and testimony in bar of such prosecution.
Provided further, that this immunity may be enjoyed by such informant or witness notwithstanding that he offered or gave the bribe or gift to the
public official or is an accomplice for such gift or bribe giving.

45. The following are the punishable acts of the crime of plunder:
a. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
b. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any government contract or project or by reason of the office or
position of the public officer concerned;
c. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries;
d. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or
participation including promise of future employment in any business enterprise or undertaking;
e. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees
and orders intended to benefit particular persons or special interests; or
f. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or
themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.

SERAPIO v SANDIGANBAYAN (on plunder)

Plunder may be committed by any public officer either by himself or in connivance with other persons; it may also be
committed by a person who participates with a public officer in the commission of an offense contributing to the crime of
plunder. A person may thus be held accountable under the law by conniving with the principal co-accused or
by participating in the commission of an offense contributing to the crime of plunder. The term in connivance would suggest
an agreement or consent to commit an unlawful act or deed with or by another, toconnive being to cooperate secretly or
privily with another.[1] Upon the other hand, to participate is to have a part or a share in conjunction with another of the
proceeds of the unlawful act or deed.

Under the amended Information, all the accused, including petitioner, are charged of having conspired and
confabulated together in committing plunder. When two or more persons conspire to commit a crime, each is responsible
for all the acts of others. In contemplation of law, the act of the conspirator is the act of each of them. Conspirators are one
man, they breathe one breath, they speak one voice, they wield one arm and the law says that the acts, words and
declarations of each, while in the pursuit of the common design, are the acts, words and declarations of all.
Petitioner asserts that he is charged under the amended Information of bribery and illegal gambling and others. The
Sandiganbayan, for its part, held that petitioner is not charged with the predicate acts of bribery and illegal gambling but is
charged only with one crime that of plunder:
The acts alleged in the information are not charged as separate offenses but as predicate acts of the crime of plunder.

It should be stressed that the Anti-Plunder law specifically Section 1(d) thereof does not make any express reference to any
specific provision of laws, other than R.A. No. 7080, as amended, which coincidentally may penalize as a separate crime
any of the overt or criminal acts enumerated therein. The said acts which form part of the combination or series of act are
described in their generic sense. Thus, aside from malversation of public funds, the law also uses the generic terms
misappropriation, conversion or misuse of said fund. The fact that the acts involved may likewise be penalized under other
laws is incidental. The said acts are mentioned only as predicate acts of the crime of plunder and the allegations relative
thereto are not to be taken or to be understood as allegations charging separate criminal offenses punished under the
Revised Penal Code, the Anti-Graft and Corrupt Practices Act and Code of Conduct and Ethical Standards for Public
Officials and Employees.
This Court agrees with the Sandiganbayan. It is clear on the face of the amended Information that petitioner and his
co-accused are charged only with one crime of plunder and not with the predicate acts or crimes of plunder. It bears
stressing that the predicate acts merely constitute acts of plunder and are not crimes separate and independent of the crime
of plunder. Resultantly then, the petition is dismissed.

46. What is meant by combination and series of overt or criminal acts under the Plunder Law?
Combination refers to at least two acts falling under different categories while series refers to two (2) or more overt or
criminal acts falling under the same category of the following acts:
a. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
b. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any government contract or project or by reason of the office or
position of the public officer concerned;
c. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries;
d. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or
participation including promise of future employment in any business enterprise or undertaking;
e. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees
and orders intended to benefit particular persons or special interests; or
f. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or
themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.

47. Is the crime of plunder malum in se or malum prohibitum?

Plunder is a malum in se which requires proof of criminal intent. The legislative declaration that plunder is a heinous offense
implies that it is a malum in se. For when the acts punished are inherently immoral or inherently wrong, they are mala in se
and it does not matter that such acts are punished in a special law, especially since in the case of plunder the predicate
crimes are mainly mala in se. (Estrada v Sandiganbayan)

48. When can Malversation be committed by private individuals?

Malversation can be committed by a private individual in the following cases/instances:

1. When the private individual is in conspiracy with a public officer committing malversation;
2. When the private individual is an accomplice or an accessory to a public officer;
3. When the private individual is a custodian of any national, provincial, or municipal funds, revenue, or property;
4. When the private individual is an administrator or depository of funds or property attached, seized, or deposited
by public authority

49. Definition of Technical Malversation. Distinction of Malversation from Technical Malversation.

Technical malversation is a felony committed by any public officer who shall apply any public funds or property under his
administration to any public use other than for which such fund or property were appropriated by law or ordinance.

The distinctions between malversation and technical malversation are as follows:

 1. In malversation, the offender in certain cases profits from the proceeds of the crime; in technical malversation,
the offender does not derive any personal gain or profit.
2. In malversation, the public fund or property is applied to the personal use and benefit of the offender or of
another person; in technical malversation, the public fund or property is applied to another public use.

50. In malversation of public funds, the offenders return of the amount malversed has what effect?

In malversation of public funds, the return of the funds malversed will only serve as a mitigating circumstance similar to
voluntary surrender. It is neither an exempting circumstance nor a ground for extinguishing the offenders criminal liability.

51. May the crime of Malversation be committed by a private individual?

52. May private property be the subject matter of the crime of Malversation?

Yes. Under Article 222, private property may be the subject matter of the crime of malversation, as long as such
funds or property are in custodia legis (i.e. the property has been lawfully seized and taken by legal process and
authority, and placed in the possession of a public officer).