CHAPTER THREE: FRAUDS (185-189) ART. 185: Machinations in Public Auctions Acts Punishable: 1.

Soliciting any gift or promise as a consideration for refraining from taking part in the public auction; Elements: ASCI a. That there be a public AUCTION; b. That the accused SOLICITED any gift or a promise from any of the bidders; c. That such gift or promise was the CONSIDERATION for his refraining from taking part in that public auction; d. That the accused had the INTENT to cause the reduction of the price of the thing auctioned. NOTES:

14. Failure to maintain and keep original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals; 15. Unnecessary prescription of dangerous drugs; and 16. Unlawful prescription of dangerous drugs. TITLE SIX: CRIMES AGAINST PUBLIC MORALS CHAPTER TWO: OFFENSES AGAINST DECENCY AND GOOD CUSTOMS (200-202) ART. 200: Grave Scandal Elements: ASOP a. b. c. That the offender performs an ACT or acts; That such act or acts be highly SCANDALOUS as offending against decency or good customs; That the highly scandalous conduct is not expressly falling within any OTHER article of this Code; That the act or acts complained of be committed in a PUBLIC place or within the public knowledge or view.

Consummated by mere solicitation. d. 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any artifice. Elements: ATTI a. That there be a public AUCTION; b. That the accused ATTEMPTED to cause the buyers to stay away from that public auction; c. That it was done by THREATS, gifts, promises, or any other artifice; d. That the accused had the INTENT to cause the reduction of the price of the thing auctioned.

DEFINITIONS Grave scandal consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same Decency propriety of conduct; prober observance of the requirements of modesty, good taste, etc Customs established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof NOTES: Acts must be those that can cause public scandal among the persons witnessing them. Must be performed in a public place or within the public knowledge of view. Not applicable if act is punished under another article.

NOTES: Consummated by mere attempt. Execution sales should be opened to free and full competition to secure the maximum benefit for the debtors. Diaz v. Kapunan Partnership Vicente Diaz & Segundino de Mendezona. Lugi. 90k in favor of Diaz. Foreclosure. Diaz and Ruperto Kapunan bidders. Kapunan ready to bid till 16k. Bidding stopped at 12.5k on account of an agreement bet. them in consideration of 1k.

ART. 201: Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows TITLE FIVE: CRIME RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS RA 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002) Acts punished: 1. 2. Importation of dangerous drugs and/or controlled precursors and essential chemicals; Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals; Maintenance of a dangerous drug den, dive or resort; Being employees or visitors of a dangerous drug den, dive or resort; Manufacture of dangerous drugs and/or controlled precursors and essential chemicals; Illegal chemical diversion of controlled precursors and essential chemicals; Manufacture or delivery of equipment, instrument, apparatus and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals; Possession of dangerous drugs; Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs; Possession of dangerous drugs during parties, social gatherings or meetings; Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings; Use of dangerous drugs; Cultivation or culture of plants classified as dangerous drugs or as sources thereof; Persons liable: E LPGSOAC-S 1. 2. Those who shall publicly EXPOUND or proclaim doctrines openly contrary to public morals; A. The authors of obscene LIT, published with their knowledge in any form, the editors publishing such lit; and the owners/operators of the establishment selling the same; B. Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or immoral PLAYS, scenes, acts, or shows, it being understood that the obscene lit or indecent or immoral plays, scenes, acts, or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which: (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race, or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts; and Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or literature which is offensive to morals.

3. 4. 5. 6. 7.

3.

8. 9. 10. 11.

Test of Obscenity: Whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands such publication may fall. WON such publication or act shocks the ordinary and common sense of men as an indecency. Disposition of prohibited articles:

12. 13.

1. 2.

3.

Upon conviction of the offender to be forfeited in favor of the govt to be destroyed Acquittal - to be forfeited in favor of the govt to be destroyed after forfeiture proceedings conducted by the Chief of Constabulary Person aggrieved by the forfeiture action may, within 15 days after his receipt of a copy of the decision, appeal the matter to the Sec. of Natl Defense for review. Decision of Sec. of ND is final and unappealable.

CHAPTER ONE: PRELIMINARY PROVISIONS ART. 203: Who are Public Officers Requisites: TP - ALEA 1. TAKING part in the performance of public functions in the Govt; or PERFORMING in said Govt or any of its branches public duties as an employee, agent, or subordinate official, of any rank or class; and That his AUTHORITY to take part in the performance of public functions or to perform public duties must be : A. By direct provision of LAW; B. By popular ELECTION; or C. By APPOINTMENT by competent authority. CHAPTER TWO: MALFEASANCE AND MISFEASANCE IN OFFICE (204-211) DEFINITIONS: Misfeasance improper performance of some act which might lawfully be done Malfeasance the performance of some act which ought not to be done Nonfeasance the omission of some act which ought to be performed. SECTION ONE: DERELICTION OF DUTY (204-209) ART. 204: Knowingly Rendering Unjust Judgment Elements: JRUK a. b. c. d. Offender is a JUDGE; He RENDERS judgment in a case submitted to him for decision; Judgment is UNJUST; Judge KNOWS that his judgment is unjust.

NOTES: 2. Morals imply conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically, to sexual conduct Indecency an act against the good behavior and a just delicacy Obscene something offensive to chastity, decency, or delicacy If offender is a govt official or employee who allows the violations of Sec1, penalty imposed in max period + accessory penalties Publicity is essential. The author of obscene lit is liable only when it is published with his knowledge. In every case, the editor publishing it is liable. Mere possession of obscene materials is not punishable. Giving indecent lit to only one person is not a violation of Art. 201 (4) Purpose of the law is to protect the morals of the public. People v. Aparici Dirty dancing. Nylon patches over breasts with nylon panties. Crowd cheering: Sige muna, sige, nakakalibog. HELD: Crowds reaction should be made the gauge in the determination whether her dancing was immoral. People v. Sarte III Two issues of Weekly Tribune. Photo of man and woman during intercourse. HELD: The moment you carry your private rights and privileges to public scrutiny, you expose yourself to the judgment of the public conscience, and the law may intervene.

DEFINITIONS: Judgment the final consideration and determination of a court of competent jurisdiction upon matters submitted to it, in an action or proceeding Unjust judgment one which is contrary to law, or is not supported by the evidence, or both SOURCE OF UNJUST JUDGMENT: 1. 2. 3. Error Ill will or revenge Bribery

ART. 202: Vagrants and Prostitutes Persons liable: MLVOP 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself to some lawful calling; (MENDICANT) Any person found LOITERING about public or semipublic bldgs or places or tramping or wondering about the country or the streets without visible means of support; Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and those who habitually associates with prostitutes; (VAGRANT) Any person who, not being included in the provision of OTHER articles in this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful of justifiable purpose; PROSTITUTES.

2.

3.

NOTES: In case error was done in good faith, no liability. There must be evidence that the judgment is unjust. The SC must have declared the same as unjust in a certiorari, prohibition, or administrative proceeding.

4.

5.

DEFINITIONS: ART. 205: Judgments Rendered Through Negligence Prostitute women who, for money or profit, habitually engage in sexual intercourse or lascivious conduct Dissolute lax, unrestrained, immoral Ruffian a brutal, violent, lawless person Pimp one who provide gratification for the lust of others NOTES: Not applicable to minors Elements: JRMN a. b. c. d. That the offender is a JUDGE; That he RENDERS judgment in a case submitted to him for decision; That the judgment is MANIFESTLY unjust; That it is due to his inexcusable NEGLIGENCE or ignorance.

DEFINITION: Manifestly unjust judgment it is one so manifestly contrary to law, that even a person having meager knowledge of the law cannot doubt the injustice. NOTES:

TITLE SEVEN: CRIMES COMMITTED BY A PUBLIC OFFICER

Abuse of discretion or mere error of judgment is not punishable.

2.

ART. 206: Unjust Interlocutory Order Elements: JPKM a. b. That the offender is a JUDGE; That he performs any of the following acts: i. KNOWINGLY renders unjust interlocutory order or decree; or ii. Renders a MANIFESTLY unjust interlocutory order or decree through inexcusable negligence or ignorance.

3.

REVEALING any of the secrets of his client narrated by him in his professional capacity a. Damage not necessary. 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 info from said client.

DEFINITION: Procurador judicial a person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to represent a party in a case before an inferior court. There is no solicitor/procurador judicial under the Rules of Court. SECTION TWO: BRIBERY (210-212) ART 210: Direct Bribery Acts Punishable:

DEFINITION: Interlocutory order is an order which is issued by the court between the commencement and the end of a suit or action and which decides some point of matter, but which, however, is not a final decision of the matter in the issue. ART. 207: Malicious Delay in the Administration of Justice

A public officer commits direct bribery Elements: JPDM 1. a. b. c. d. That the offender is a JUDGE; That there is a PROCEEDING in his court; That he DELAYS the administration of justice; 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. By AGREEING to perform, or by performing, in consideration of any offer, promise, gift or present an act constituting a crime, in connection with the performance of his official duties. By ACCEPTING a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty. BY agreeing to REFRAIN, or by refraining, from doing something which it is his official duty to do, in consideration of a gift or promise.

2.

3. ART. 208: Prosecution of Offenses; Negligence and Tolerance Acts Punishable:

Elements: PARCNRD 1. 2. By maliciously REFRAINING from instituting prosecution against violators of the law. By maliciously TOLERATING the commission of a crime. 1. That the offender is a PUBLIC officer within the scope of Art. 203; i. Public officer embraces every public servant from the highest to lowest. ii. Temporary performance of public functions is sufficient to constitute a person a public officer. That the offender ACCEPTS an offer or a promise or receives a gift or present by himself or through another; i. Gift is either voluntarily offered by a private person, or solicited by a public officer. ii. Accepted offer or promise of gift is sufficient. iii. Gift must have a value or capable of pecuniary estimation. That such offer or promise be accepted, or gift or present received by the public officer a. With a view of 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. That the act which the offender agrees to perform or which he executes be connected with the performance of his official DUTIES.

Elements: DPM a. b. That the offender is public officer who has the DUTY to cause the prosecution of , or to prosecute offenses; That knowing the commission of the crime, he does not cause the PROSECUTION of the criminal or knowing that a crime is about to be committed, he tolerates its commission; and That the offender acts with MALICE and deliberate intent to favor the violator of the law.

2.

c.

Who can be liable? Offender is either a public officer or an officer of the law. 3.

Public officer should be one with a duty to institute criminal proceedings upon being informed. Officer of the law includes all those who, by reason of the position held by them, are duty-bound to cause the prosecution and punishment of the offenders NOTES: The guilt of the offender is a prejudicial question to the liability of the officer charged under this provision. Offender must act with malice (deliberate evil intent). o A dereliction of duty caused by poor judgment or honest mistake is not punishable. Art. 208 not applicable to revenue officers. Liable under Internal Revenue Code. ART: 209: Betrayal of Trust by an Attorney or Solicitor Acts Punished: CRU 1. CAUSING damage to his client, either: a. By any malicious breach of professional duty; or b. Inexcusable negligence of ignorance. i. If no damage is caused, atty may be held administratively or civilly liable. 4.

NOTES: Act need not be a statutory duty; it is sufficient if the action to be affected by the bribe be part of the established procedure of a govt agency. It is not bribery if the act is in discharge of a mere moral duty. If the act agreed to be performed is so foreign to the duties of the office as to lack even color of authority, there is no bribery. Gift must be given to the public officer to corrupt him. Direct bribery is a crime involving moral turpitude.