Criminal Law – Book 2 by Ruben S.

Cabardo Page 1
 CLJ 4:
CRIMINAL LAW
BOOK 2

RUBEN S. CABARDO
Criminal Law – Book 2 by Ruben S. Cabardo Page 2
 MIDTERM
Week No.: 7
Module No.: 7
Main Topic: Title V: Crimes Relative to Opium and Other Prohibited Drugs &
Title VI: Crimes Against Public Morals
 R.A. 9165 – Comprehensive Dangerous Drugs Act, amending Title
V of the Revised Penal Code)
Sub Topics:  Art. 200 – Art. 202, RPC
 R.A. No. 9208 as amended by R.A. No. 10364 – Trafficking in
Persons Act of 2003
 P.D. No. 1602 as amended by R.A. No. 9287 – Anti-Gambling Law
1. The Revised Penal Code of the Philippines (Codal Provision)
References: 2. Criminal Law Reviewer - Volume II by Judge Marlo Campanilla
3. Memory Aid in Criminal Law

Title 5 – CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

 Nota Bene:
 RA No. 9165 otherwise known as the Comprehensive Dangerous Drugs
Act of 2002 is the present governing measure pertaining to drug-related
cases.
 It repeals RA No. 6425 otherwise known as Dangerous Drugs Act of
1972.
 It also created the Philippine Drug Enforcement Agency (PDEA) under
the Office of the President, which serves as the implementing arm of the
DDB. The PDEA is responsible for the enforcement of all the provisions
on any dangerous drugs, controlled precursors and essential
chemicals as provided in the act.
 The law took effect on June 22, 2002, 15 days after it was signed
by Gloria Macapagal Arroyo. Its primary implementing agency is
the Philippine Drug Enforcement Agency. The list of illegal drugs may
modified by the DDB through a proceeding initiated by the PDEA,
the Department of Health, or any petition by a concerned party.
 Under the law, anyone guilty with importation or sale of dangerous
drugs, with the manufacture of illegal drugs, or with the operation of
a drug den can be punished with life imprisonment to death and a fine
ranging from ₱500,000 (then ~$10,000) to ₱10,000,000 (then
~$200,000). Anyone guilty with importing or selling drug precursors,
protecting other violators, or working as an employee in a drug den can
be punished with 12 years and a day to 20 years of imprisonment and a
fine ranging from ₱100,000 (then ~$2,000) to ₱500,000 (then ~$10,000).
The maximum penalty is given if the sale or delivery was done within 100
meters of a school, if a minor was directly involved in the process of
handling dangerous drugs, or if the victim of the offense is a mentally
incapacitated individual.

Criminal Law – Book 2 by Ruben S. Cabardo Page 3

  The penalty for possession of illegal drugs depends on the quantity of the
drug (regardless of quality) and the type of drug.
Title 6 – CRIMES AGAINST PUBLIC MORALS

 GAMBLING
 OFFENSES AGAINST DECENCY AND GOOD CUSTOMS:
1. Art. 200 – Grave Scandal
2. Art. 201 – Immoral Doctrines, Obscene Publications and Exhibitions
3. Art. 202 – Vagrancy and Prostitution

__________________________________

Gambling – is any game or scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of vale or representative of vale are at stake or made.

 Nota Bene:
 Art. 195-199 and provisions of PD 438 and PD 449 has been repealed
by PD 1602 which was further amended by R.A. No. 9287 otherwise
known as Anti-Gambling Law.

PD 483 - Penalizing Betting, Game-Fixing or Point-Shaving and Machinations

in Sports Contests

 Acts Punishable:
1. Betting: Betting money or any object or article of value of representative
value upon the result of any game, races and other sports contests.
2. Game-fixing: any arrangement, combination, scheme or agreement by
which the result of any game, races, or sports contests shall be
predicated and/or known other than on the basis of the honest playing
skill or ability of the players or participants.
3. Point-shaving: any such arrangement combination, scheme or
agreement by which the skill or ability of any player or participant in a
fame, races, or sports contests to make points of scores shall be limited
deliberately in order to influence the result thereof in favor of one or
other team, player or participant.
4. Game Machination: any other fraudulent, deceitful, unfair or dishonest
means, method, manner or practice employed for the purpose of
influencing the result of any game, races or sports contest.

PD 449 - COCKFIGHTING LAW OF 1974

 Nota Bene:
o Scope – This law shall govern the establishment, operation, maintenance
and ownership of cockpits.
o Rules:

Criminal Law – Book 2 by Ruben S. Cabardo Page 4

 1. Only Filipino citizens not otherwise inhibited by existing laws shall
be allowed to own, manage and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with
a population of 100,000 or less.
3. Cockpits shall be constructed and operated within the appropriate
areas as prescribed in the Zoning Law or ordinance.
4. When allowed:
a. Cockfighting shall be allowed only in licensed cockpits
during Sundays and legal holidays and during local
fiestas for not more than 3 days; or
b. During provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for a
similar period of 3 days upon resolution of the province,
city or municipality where such fair, carnival or
exposition is to be held, subject to the approval of the
Chief of Constabulary or his authorized representative.

 Punishable acts:
1. No cockfighting on the occasion of such fair, carnival or exposition shall be
allowed within the month of the local fiesta or for more than 2 occasions a
year in the same city of municipality.
2. No cockfighting shall be held on December 30, June 12, November 30,
Holy Thursday, Good Friday, Election Day and during registration days
for such election/referendum.

 Nota Bene:
 If the purpose is for the entertainment of foreign dignitaries or for
tourists, or for returning balikbayans, or for the support of national
fund-raising campaigns for charitable purposes as may be authorized by
the Office of the President upon resolution of a provincial board, city or
municipal council, in licensed cockpits or in playgrounds or park
 Limitations: This privilege shall be extended for only one time, for a
period not exceeding 3 days, within a year to a province, city or
municipality.

Art. 200 – Grave Scandal

 Elements of the crime:

1. Offender performs an act
2. Act is highly scandalous as offending against decency or good customs
3. Highly scandalous conduct does not expressly fall within any other article
of the RPC
4. Committed in a public place or within the public knowledge or view.

 Elements of the crime:

 The public view is not required; it is sufficient if in public place. 

Criminal Law – Book 2 by Ruben S. Cabardo Page 5

  For public knowledge, it may occur even in a private place; the number
of people who sees it is not material.
 The essence of grave scandal is publicity and that the acts committed are
not only contrary to morals and good customs but must likewise be of
such character as to cause public scandal to those witnessing it.

Art. 201 – Immoral Doctrines, Obscene Publications and Exhibitions

 Nota Bene:
 Persons liable:
1. Those who shall publicly expound or proclaim doctrines openly
contrary to public morals
2. The authors of obscene literature, published with their knowledge in
any form
3. Those in theaters or fairs that exhibit indecent or immoral plays or
shows
4. Those who shall sell, give away or exhibit films, prints, engravings,
sculptures or literatures offensive to morals
5. The author of obscene literature is liable only when it is published
with his knowledge

Art. 202 – Vagrancy and Prostitution

 Nota Bene:
 Vagrant – male
 Prostitute – female
 The absence of visible means of support or a lawful calling is necessary
to convict one for loitering around.

 Who are considered vagrants?

1. Those who have no apparent means of subsistence and who have the
physical ability to work yet neglect to apply themselves to some useful
calling
2. Persons found loitering around public and semi-public places without
visible means of support
3. Persons tramping or wandering around the country or the streets with
no visible means of support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes
(may include even the rich)
6. Persons found loitering in inhabited or uninhabited places belonging
to others, without any lawful or justifiable reason provided the act
does not fall within any other article of the RPC.

If fenced and with prohibition of entry Trespass to dwelling

Criminal Law – Book 2 by Ruben S. Cabardo Page 6

 If fenced and entered to hunt/fish Attempted theft

If not fenced and with no prohibition of

entry Vagrancy

 Who are considered prostitutes?

 Refer to women who habitually indulge in sexual intercourse or
lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)

Related Special Penal Laws:

R.A. No. 9208 – Anti-Trafficking in Persons Act of 2003

 Trafficking in Persons
 Refers to the recruitment, transportation, transfer or harboring, or
receipt of persons with or without the victim’s consent or knowledge,
within or across national borders by means of threat or use of force, or
other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of
others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.

Criminal Law – Book 2 by Ruben S. Cabardo Page 7

CLJ 4 (Criminal Law-Book 2)
ACTIVITY NO. 7
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________

General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.

I. What do you think?

1. Some other foreign countries legalize the use of marijuana. Do you think it’s
about time to do the same here in the Philippines? Justify your answer.

2. What do you think is the reason why even mere possession of illegal drugs is
prohibited by law as provided under RA 9165?

3. Is good faith a valid defense for a person who has been accused of violating RA
9165? Justify your answer.

Important Reminders:
Criminal Law – Book 2 by Ruben S. Cabardo Page 8
  For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

CLJ 4 (Criminal Law-Book 2)

QUIZ NO. 7
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________

General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.

I. What you have you learned?

1. Give an instances wherein cockfighting is allowed to be conducted.

2. Do you agree that a crime of grave scandal cannot be committed when the acts
were performed in a private house and seen by one person alone? Justify your
answer.

3. Distinguish vagrancy from prostitution.

Important Reminders:

Criminal Law – Book 2 by Ruben S. Cabardo Page 9

  For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

MIDTERM
Week No.: 8
Module No.: 8
Main Topic: Title VII: Crimes Committed by Public Officers – Part 1
Sub Topics:  Art. 203 – Art. 222, RPC
 R.A. No. 3019 – Anti-Graft and Corrupt Practices Act
1. The Revised Penal Code of the Philippines (Codal Provision)
References: 2. Criminal Law Reviewer - Volume II by Judge Marlo Campanilla
3. Memory Aid in Criminal Law

Title 7 – CRIMES COMMITTED BY PUBLIC OFFICERS – Part 1

 PRELIMINARY PROVISIONS
1. Art. 203 – Who Are Public Officers

 MALFEASANCE AND MISFEASANCE IN OFFICE:

1. Art. 204 – Knowingly Rendering Unjust Judgment
2. Art. 205 – Judgment Rendered Through Negligence
3. Art. 206 – Unjust Interlocutory Order
4. Art. 207 – Malicious Delay in the Administration of Justice
5. Art. 208 – Prosecution of Offenses; Negligence and Tolerance
6. Art. 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets
7. Art. 210 – Direct Bribery
8. Art. 211 – Indirect Bribery
9. Art. 211-A – Qualified Bribery
10.Art. 212 – Corruption of Public Officials

 FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS:

1. Art. 213 – Frauds Against the Public Treasury and Similar Offenses
2. Art. 214 – Other Frauds
3. Art. 215 – Prohibited Transactions
4. Art. 216 – Possession of Prohibited Interest by a Public Officer

 MALVERSATION OF PUBLIC FUNDS OR PROPERTY:

1. Art. 217 – Malversation of Public Funds or Property – Presumption of Malversation
2. Art. 218 – Failure of Accountable Officer to Render Accounts
3. Art. 219 – Failure of Responsible Public Officer to Render Accounts Before Leaving the
Country
4. Art. 220 – Illegal Use of Public Funds or Property
5. Art. 221 – Failure to Make Delivery of Public Funds or Property
6. Art. 222 – Officers Included in Preceding Provisions

__________________________________

Criminal Law – Book 2 by Ruben S. Cabardo Page 10

 Art. 203 – Who Are Public Officers

 Nota Bene:
 To be public officer, one must be:
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
must be:
a. By direct provision of the law
b. By popular election
c. By appointment by competent authority

 The term “public officer” embraces every public servant from the highest to the
lowest.
 Misfeasance – improper performance of some act which might lawfully be done
 Malfeasance – the performance of some act which ought not to be done
 Nonfeasance – omission of some act which ought to be performed

Art. 204 – Knowingly Rendering Unjust Judgment

 Elements of the crime:

1. Offender is a judge
2. Renders a judgment in the case submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust

 Nota Bene:
 It is not applicable to members of collegiate court (Supreme Court, Court
of Appeals, Court of Tax Appeals, Sandiganbayan)

Art. 205 – Judgment Rendered Through Negligence

 Elements of the crime:

1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance

 Nota Bene:
 Mere error of judgment is not punishable

Art. 206 – Unjust Interlocutory Order

 Elements of the crime:

1. That the offender is a judge.
2. That he performs any of the following acts:
a. knowingly renders unjust interlocutory order or decree, or
b. renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance.

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  Nota Bene:
 Interlocutory order: one issued by the court deciding a collateral or
incidental matter. It is not a final determination of the issues of the
action or proceeding

Art. 207 – Malicious Delay in the Administration of Justice

 Elements of the crime:

1. That the offender is a judge.
2. That there is a proceeding in his court.
3. That he delays the administration of justice.
4. That the delay is malicious, that is, the delay is caused by the judge with
deliberate intent to inflict damage on either party in the case.

 Nota Bene:
 Mere delay without malice is not punishable

Art. 208 – Prosecution of Offenses; Negligence and Tolerance

 Nota Bene:
 Committed by maliciously refraining from instituting prosecution against
violators of the law
 Committed also by maliciously tolerating the commission of a crime
 The offender must have acted with malice and deliberate intent to favor
the violator of the law
 Malice here is an important element

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

 Nota Bene:
 Committed by causing damage to the client through any malicious
breach of professional duty or inexcusable negligence or ignorance
 Committed also by revealing the secrets of the client learned by him in
his professional capacity
 Undertaking the defense of the opposing party in the same case without
the consent of his first client after having undertaken the defense of the
first client

Art. 210 – Direct Bribery

 Elements of the crime:

1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or present
by himself or through another
3. That such offer or promise be accepted or gift/present received by the
public officer (mere agreement consummates the crime)

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 a. with a view to committing some crime (delivery of consideration is
not necessary) or
b. in consideration of an execution if an act which does not
constitute a crime, but the act must be unjust (delivery of
consideration is necessary), or
c. to refrain from doing something which is his official duty to do
d. That the act which the offender agrees to perform or which he
executes be connected with the performance of his official duties
 Punishable acts:
 Committed by agreeing to perform in consideration of any offer, promise,
gift or present, an act constituting a crime, in connection with the
performance of his official duties
- Acceptance of the offer is enough to consummate the crime
 Committed also by accepting a gift in consideration of the execution of an
act which does not constitute a crime
- The gift must be accepted by the public officer himself or through a third
person
- The act must be unjust
 Committed also by agreeing to refrain, or by refraining from doing
something which is his official duty to do, in consideration of a gift or
promise
 Nota Bene:
 If the gift is not accepted, the public officer is not liable, but the private
person is liable only with Attempted Corruption of Public Officials
 If the gift is accepted, the public officer is liable of Direct Bribery and the
private person is liable of Corruption of Public Officials

Art. 211 – Indirect Bribery

 Elements of the crime:

1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.

 Nota Bene:
 The public officer merely accepts gifts which are offered to him by reason of
his office
 The gift is given in anticipation of future favor from the public officer
 There must be clear intention on the part of the public officer to take the gift
offered and consider the property as his own for that moment. Mere physical
receipt unaccompanied by any other sign, circumstance or act to show such
acceptance is not sufficient to convict the officer
 There is no attempted or frustrated indirect bribery
 The criminal penalty or imprisonment is distinct from the administrative
penalty of suspension from the service

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 Direct Bribery Indirect Bribery
In both crimes, public officer receives a gift
There is an agreement between the No agreement exists.
public officer and the private individual
who is the giver.

Art. 211-A – Qualified Bribery

 Elements of the crime:

1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for crime punishable
by reclusion perpetua and/or death
3. In consideration of any offer, promise or gift
4. (if lower penalty than stated above, the crime is direct bribery)

 Nota Bene:
 The public officer here is entrusted with law enforcement but he refrains
from arresting or prosecuting an offender who has committed a crime
punishable by reclusion perpetua, because in consideration of any
promise, gift or present

Art. 212 – Corruption of Public Officials

 Elements of the crime:

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

 Nota Bene:
 The offender is a private individual or a person who shall have made the
offers or promises, or given the gifts to the public officers
 Attempted if the offer was refused
 Consummated if accepted

Art. 213 – Frauds Against the Public Treasury and Similar Offenses

 Elements of Fraud against Public Treasury:

1. That the offender be a public officer.
2. That he should have taken advantage of his office, that is, he intervened
in the transaction in his official capacity.
3. That he entered into an agreement with any interested party or speculator
or made use of any other scheme with regard to (a) furnishing supplies (b)
the making of contracts, or (c) the adjustment or settlement of account
relating to a public property or funds.
4. That the accused had intent to defraud the government.
Criminal Law – Book 2 by Ruben S. Cabardo Page 14
  Elements of Illegal Exactions:
1. The offender is a public officer entrusted with the collection of taxes,
licenses, fees and other imposts.
2. He is guilty of any of the following acts or omissions:
 demanding, directly or indirectly the payment of sums different from
or larger than those authorized by law, or
 failing voluntarily to issue a receipt, as provided by law, for any
sum of money collected by him officially, or
 Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided
by law.

 Nota Bene:
 Committed by defrauding the government by taking advantage of his office
which is made through entering into an agreement with regard to furnishing
supplies, making contracts, or adjustment or settlement of account (fraud
against public treasury)
 Committed by demanding the payment of sums different from or larger than
those authorized by law in the collection of taxes (illegal exaction)
 Committed by failing voluntarily to issue a receipt for tax collected (illegal
exaction)
 Committed by collecting or receiving, by way of payment in the collection of
taxes, things or objects different from that provided by law (illegal exaction)

Art. 214 – Other Frauds

 Elements of the crime:

1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits enumerated in art. 315 and
316. (estafa; swindling)

 Nota Bene:
 The public officer commits any of the frauds or deceits enumerated in
Arts. 315 to 318

Art. 215 – Prohibited Transactions

 Elements of the crime:

1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
3. That the transaction takes place within the territory subject to his
jurisdiction.
4. That he becomes interested in the transaction during his incumbency.

 Nota Bene:
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  The offender is an appointive public officer who becomes interested in
any transaction of exchange or speculation that take place within his
jurisdiction during his incumbency
 It involves buying and selling of stocks
 It involves judges, justices or fiscals and employees engaged in the
collection and administration of public funds

Art. 216 – Possession of Prohibited Interest by a Public Officer

 Persons liable:
1. Public officer – in any contract or business in which it is his official duty
to intervene.
2. Experts, arbitrators and private accountants – in any contract or
transaction connected with the estate or property in the approval,
distribution or adjudication of which they had acted.
3. Guardians and executors – with respect to property belonging to their
wards or the estate.

 Nota Bene:
 Actual fraud is not necessary; the act is punished because of the
possibility that fraud may be committed or that the public officer or
private person may place his own interest above of the government

Art. 217 – Malversation of Public Funds or Property – Presumption of

Malversation

 Elements of the crime:

1. That the offender be a public officer (or private person if entrusted with
public funds or connived with public officers)
2. That he had the custody or control of funds or property (if not accountable
for the funds, theft or qualified theft)
3. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
4. That he:
 Appropriated the funds or property
 Took or misappropriated them
 Consented or, through abandonment or negligence, permitted any
other person to take such public funds or property. (it is not
necessary that the offender profited thereby. His being remiss in the
duty of safekeeping public funds violates the trust reposed)

 Nota Bene:
 Committed by a public officer who has custody or control of funds or
property by 1.) Appropriating public funds or property; or 2.) Taking or
misappropriating the same; or 3.) consenting, or through abandonment
or negligence, permitting any other person to take such public funds or
property

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Art. 218 – Failure of Accountable Officer to Render Accounts

 Elements of the crime:

1. That the offender is a public officer, whether in the service or separated
therefrom.
2. That he must be an accountable officer for public funds property.
3. That he is required by law or regulation to render accounts to the
commission on audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such accounts
should be rendered.

 Nota Bene:
 Committed by a public officer, whether in service or separated, wherein
he is an accountable officer for public funds or property which under the
law he is obliged to render accounts but he fails to do so for a period of
two months after such account should be rendered
 Not necessary that there be misappropriation

Art. 219 – Failure of Responsible Public Officer to Render Accounts Before

Leaving the Country

 Elements of the crime:

1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or property.
3. That he must have unlawfully left (or be on the point of leaving) the
Philippines without securing from the Commission on Audit a certificate
showing that his accounts have been finally settled.

 Nota Bene:
 That an accountable public officer for public funds or property
unlawfully left the Philippines without securing from COA a certificate
showing that his accounts have been finally settled

Art. 220 – Illegal Use of Public Funds or Property

 Elements of the crime:

1. That the offender is a public officer.
2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by law or
ordinance (without this, it is simple malversation even if applied to other
public purpose).
4. That he applies the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.

 Nota Bene:
 Also known as Technical Malversation
 That a public fund or property under the administration of a public
officer has been appropriated by law or ordinance, in which the said
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 public officer applies the same to public use other than that for which
such fund or property has been appropriated

Technical Malversation Malversation

In both crimes, the offenders are accountable public officers
Offender does not derive any Offender in certain cases profits from the
personal gain or profit proceeds of the crime
The public fund or property is The public fund or property is applied to
applied to another public use the personal use and benefit of the
offender or of another person

Art. 221 – Failure to Make Delivery of Public Funds or Property

 Elements of the crime:

1. Offender has gov’t funds or property in his possession
2. He is under obligation to either:
a. make payment from such funds
b. to deliver property in his custody or administration when ordered by
competent authority
c. He maliciously fails or refuses to do so

 Nota Bene:
 Committed by failing to make payment by a public officer who is under
obligation to make such payment from Government funds in his
possession
 Committed also by refusing to make delivery by a public officer who has
been ordered by competent authority to deliver any property in his
custody or under his administration
 The refusal must be malicious and must have resulted in damage to
public interest

Art. 222 – Officers Included in Preceding Provisions

 Nota Bene:
 Private individuals – who in any capacity have charge of any public funds
or property
 Administrator or depository of funds or property attached, seized, or
deposited by public authority, even if such property belongs to a private
individual (e.g.: sheriff)

Criminal Law – Book 2 by Ruben S. Cabardo Page 18

CLJ 4 (Criminal Law-Book 2)
ACTIVITY NO. 8
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________

General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.

I. Can you tell the difference?

1. Differentiate Malversation from Technical Malversation.

2. Compare Direct Bribery from Indirect Bribery.

3. State the difference between Malfeasance and Non-feasance.

Criminal Law – Book 2 by Ruben S. Cabardo Page 19

Important Reminders:
 For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

CLJ 4 (Criminal Law-Book 2)

QUIZ NO. 8
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________

General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.

I. What you have you learned?

1. Who are liable for the crime of Qualified Bribery?

2. When is the crime of Corruption of Public Officials considered attempted?

3. In relation to Question No. 2, when is the said crime be considered as

consummated?

Criminal Law – Book 2 by Ruben S. Cabardo Page 20

Important Reminders:
 For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

MIDTERM
Week No.: 9
Module No.: 9
Main Topic: Title VII: Crimes Committed by Public Officers – Part 2
 Art. 223 – Art. 245, RPC
Sub Topics:  R.A. No. 9745 – Anti-Torture Act of 2009
 R.A. No. 7080 as amended by R.A. No. 7659 – Anti-Plunder Act
1. The Revised Penal Code of the Philippines (Codal Provision)
References: 2. Criminal Law Reviewer - Volume II by Judge Marlo Campanilla
3. Memory Aid in Criminal Law

Title 7 – CRIMES COMMITTED BY PUBLIC OFFICERS – Part 2

 INFIDELITY OF PUBLIC OFFICERS:

1. Art. 223 – Conniving with or Consenting to Evasion
2. Art. 224 – Evasion Through Negligence
3. Art. 225 – Escape of Prisoner Under the Custody of a Person Not a Public Officer
4. Art. 226 – Removal, Concealment, or Destruction of Documents
5. Art. 227 - Officer Breaking Seal
6. Art. 228 – Opening of Closed Documents
7. Art. 229 – Revelation of Secrets by an Officer
8. Art. 230 – Public Officers Revealing Secrets of Private Individuals

 OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS:

1. Art. 231 – Open Disobedience
2. Art. 232 – Disobedience to Order of Superior Officer When Said Order Was
Suspended by Inferior Officer
3. Art. 233 – Refusal of Assistance
4. Art. 234 – Refusal to Discharge Elective Office
5. Art. 235 – Maltreatment of Prisoners
6. Art. 236 – Anticipation of Duties of a Public Officer
7. Art. 237 – Prolonging Performance of Duties and Powers
8. Art. 238 – Abandonment of Office or Position
9. Art. 239 – Usurpation of Legislative Powers
10. Art. 240 – Usurpation of Executive Functions
11. Art. 241 – Usurpation of Judicial Functions
12. Art. 242 – Disobeying Request for Disqualification
13. Art. 243 – Orders or Request by Executive Officer to Any Judicial Authority
14. Art. 244 – Unlawful Appointments
15. Art. 245 – Abuses Against Chastity
__________________________________
Criminal Law – Book 2 by Ruben S. Cabardo Page 21
Art. 223 – Conniving with or Consenting to Evasion
 Elements of the crime:
1. That the offender is a public officer (on duty).
2. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape

Art. 224 – Evasion Through Negligence

 Elements of the crime:

1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
3. That such prisoner escapes through his negligence.
4. Penalty based on nature of imprisonment

Art. 225 – Escape of Prisoner Under the Custody of a Person Not a Public Officer

 Elements of the crime:

1. That the offender is a private person (note: must be on duty)
2. That the conveyance or custody of a prisoner or person under arrest is
confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence

Art. 226 – Removal, Concealment, or Destruction of Documents

 Elements of the crime:

1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a document or papers.
3. That the said document or paper should have been entrusted to such public
officer by reason of his office.
4. That damage, whether serious or not, to a third party or to the public interest
should have been caused.

Art. 227 – Officer Breaking Seal

 Elements of the crime:

1. That the offender is a public officer.
2. That he is charged with the custody of papers or property.
3. That these papers or property are sealed by proper authority.
4. That he breaks the seals or permits them to be broken.

Art. 228 – Opening of Closed Documents

Criminal Law – Book 2 by Ruben S. Cabardo Page 22

  Elements of the crime:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his
custody.
3. That he opens or permits to be opened said closed papers, documents or
objects.
4. That he does not have proper authority.
Art. 229 – Revelation of Secrets by an Officer
 Elements of the crime:
1. That the offender is a public officer.
2. That he knows of a secret by reason of his official capacity.
3. That he reveals such secret without authority or justifiable reasons.
4. That damage, great or small, be caused to the public interest.

Art. 230 – Public Officers Revealing Secrets of Private Individuals

 Nota Bene:
 The offender is a public officer who knows the secrets of a private
individual by reason of his office and that he reveals such secrets
without authority or justifiable reason
 Not necessary that damage is suffered by the private individual
 The reason for this provision is to uphold faith and trust in public service

Art. 231 – Open Disobedience

 Nota Bene:
 The offender is a judicial or executive officer, wherein there is a
judgment, decision or order issued by a superior authority made within
the scope of the superior authority with all legal formalities, but the
offender without any legal justification openly refuses to execute the
said judgment, decision or order

Art. 232 – Disobedience to Order of Superior Officer When Said Order Was
Suspended by Inferior Officer
 Nota Bene:
 The offender who is a public officer suspended the execution of an order
issued by his superior, however such suspension has been disapproved
by his superior but the offender disobeys the disapproval of the superior
 This is not applicable if the order of the superior is llegal

Art. 233 – Refusal of Assistance

 Nota Bene:
 The offender who is a public officer fails to lend his cooperation towards
the administration of justice or other public service despite the demand
made by the competent authority
 The failure of the offender is malicious
 If the offender is a private individual, he is liable for contempt

Criminal Law – Book 2 by Ruben S. Cabardo Page 23

Art. 234 – Refusal to Discharge Elective Office
 Elements of the crime:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or discharge the duties of said office.
3. That there is no legal motive for such refusal to be sworn in or to discharge
the duties of said office.

Art. 235 – Maltreatment of Prisoners

 Nota Bene:
 The offender is in charge of a prisoner, convicted or detainee, but he
maltreats such prisoner 1.) by overdoing in the correction or 2.)
maltreating such prisoner to extort a confession or to obtain some
information

Art. 236 – Anticipation of Duties of a Public Officer

 Nota Bene:
 The offender is entitled to hold a public office by election or
appointment, and that the law requires him to be sworn in or give a
bond, but he assumes the performance of the duties of such office
without taking oath and/or giving a bond

Art. 237 – Prolonging Performance of Duties and Powers

 Nota Bene:
 The offender is holding public office, however the period provided by
law to hold such office has already expired, but he continues to
exercise the duties and powers of such office

Art. 238 – Abandonment of Office or Position

 Nota Bene:
 The offender who is a public officer formally resigns from his position,
however his resignation has not yet been accepted but he abandons
his office to the detriment of the public service

Art. 239 – Usurpation of Legislative Powers

 Nota Bene:
 The offender is an executive or judicial officer, who makes general
rules or regulations beyond the scope of his authority or attempts to
repeal a law or suspends the execution thereof

Art. 240 – Usurpation of Executive Functions

 Nota Bene:

Criminal Law – Book 2 by Ruben S. Cabardo Page 24

  The offender is a judge who assumes a power pertaining to the
executive authorities or obstructs the executive authorities in the
exercise of their powers

Art. 241 – Usurpation of Judicial Functions

 Nota Bene:
 The offender is an executive officer who assumes judicial powers or
obstructs the execution of any order or decision rendered by any
judge
Art. 242 – Disobeying Request for Disqualification

 Nota Bene:
 The offender is a public officer wherein a proceeding is pending before
his office, however there is a question brought before the proper
authority regarding his jurisdiction, which is not yet decided, but he
continues the proceeding despite the fact that he has been lawfully
required to refrain from continuing the proceeding

Art. 243 – Orders or Request by Executive Officer to Any Judicial Authority

 Nota Bene:
 The offender is a judicial officer who addresses any order or
suggestion to any judicial authority, but the order or suggestion
relates to any case or business coming within the exclusive
jurisdiction of the courts of justice

Art. 244 – Unlawful Appointments

 Nota Bene:
 Committed by nominating or appointing a person to a public office
despite the fact that such person lacks the legal qualifications,
however the offender knows that such person lacks the qualification

Art. 245 – Abuses Against Chastity

 Nota Bene:
 Committed by soliciting or making immoral or indecent advances to a
woman interested in the matters pending before the offending officer
for decision
 Committed by soliciting or making immoral or indecent advances to a
woman under the offender’s custody
 By soliciting or making immoral or indecent advances to the wife,
daughter, sister or relative within the same degree by affinity of any
person in the custody of the offending warden or officer

Criminal Law – Book 2 by Ruben S. Cabardo Page 25

CLJ 4 (Criminal Law-Book 2)
ACTIVITY NO. 9
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________

General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.

I. How Much Do You Know?

1. Who are liable for the crime of Refusal of Assistance and how do they become
criminally liable?

2. A policeman who is assigned to guard a prisoner, falls asleep. As a result, the

prisoner escapes. Is he liable for the crime of Evasion through Negligence?
Explain.

3. Do you agree that in a crime of Revelation of Secrets by an Officer under Art.

229, the secrets must affect public interest? Otherwise, there is no crime.
Explain briefly.

Criminal Law – Book 2 by Ruben S. Cabardo Page 26

Important Reminders:
 For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

CLJ 4 (Criminal Law-Book 2)

QUIZ NO. 9
Name: _________________________________________________ Date: _________________
Course and Year: _______________________________________ Block: ________________

General Instructions:
1. This your activity sheet. Print this out and answer the questions given below using
the spaces herein provided. Using any other piece of paper is not allowed.

I. What you have you learned?

1. Distinguish Abandonment of Office from Prolonging Performance of Duties and
Powers.

2. Who are liable of the following crimes and how do they become criminally liable?

a. Usurpation of Legislative Powers.

b. Usurpation of Executive Functions.

c. Usurpation of Judicial Functions.

Criminal Law – Book 2 by Ruben S. Cabardo Page 27

Important Reminders:
 For consultation and to validate your answer, you may contact your instructor during these
consultation hours: Monday to Friday @ 9:00 am to 3:00 pm.
 Cellphone Number: 0966-443-1511
 FB Messenger: Cember De

Criminal Law – Book 2 by Ruben S. Cabardo Page 28