5 tests of obscenity:

(1) w/n it would have the tendency to corrupt those whose minds are susceptible to
such immoral influences
(2) w/n it would shock the ordinary & common sense of man as indecency
(3) w/n its devoid of any redeeming value
(4) w/n its purely for a commercial purpose, & not for arts sake
(5) w/n it would produce perceptible & discernible reaction on the part of the public
or audience witnessing the same, who were shouting & howling sige muna,
nakakalibog

RA 9165 RA 6425
(1) penalty is increased from life imprisonment to (1) penalty is only w/in the range of 6
death for possession & use of prohibited drugs years, 1 day to 12 years
(2) there was a lowering in the # of grams made (2) 200 grams
punishable & non-bailable to 10 grams for
opium, morphine, heroin, cocaine & 50-200 for
shabu
(3) no more plea bargaining allowed to avoid (3) Plea bargaining is allowed
occasions of abuse of plea bargaining wherein
offender would get out of jail only continue his
illegal trade
(4) probation was no longer allowed, regardless of (4) Probation is allowed if penalty
the penalty imposed & even if penalty is below 6 was less than 6 years
yrs except minors who can avail of suspended
sentence only once
(5) theres immunity from suit for state witness (5) No such provision on immunity
(6) PDEA presidential drug enforcement agency was (6) No PDEA
created as the implementing arm of the DDB, the
policy-making body on dangerous drugs
(7) Passed on June 7, 2002 (7) Passed on March 30, 11972,
during the time of Pres Marcos

RA 9165: 50 grams of shabu or 10 grams of heroine is punishable already w/ reslusion

perpetua or death
Reason: 10 grams is already the average individual consumption/month so if 1 has
in his possession 10 grams of heroine or 50 grams of shabu, hes presumed to be a drug
trafficker already.
Elements of direct bribery:
(1) public officer who agrees to perform an act constituting a crime
(2) public officer who agrees to execute an act not constituting a crime, but unjust
(3) public officer who refrains from performing an act required by law
all done in consideration of a prize, reward, gift or promise

Indirect briber
- public officer accepts gifts by reason of his office
Exceptions: gift is unsolicited, of moderate amount, given as a token or during a
special occasion

Qualified bribery
- public officer entrusted w/ law enforcement or prosecution refuses to arrest, in
consideration of a prize, reward, gift or promise

Corruption of public official

- anyone (private individual or public officer) who offers a bribe, gift or promise is
liable for this crime

Elements for illegal exaction

(1) demanding payment of sums different or larger than those authorized by law
(2) failing voluntarily to issue a receipt
(3) collecting things or objects different from those authorized by law

Elements of malversation
(1) offender is a public officer
(2) he had custody or control of the public funds or property by reason of his duties or
office
(3) he was accountable for such public funds or property
(4) he personally appropriated the amount or through abandonment or negligence,
knowingly or negligently permitted another person to misappropriate them for
personal use

Elements of Technical Malversation, illegal use of public funds or property

(1) offender is a public officer
(2) public funds or property under his custody or administration had been
appropriated by law or ordinance for a particular public purpose
(3) he applies the public funds or property to a public use or purpose other than that
for w/c they have been appropriated by law or ordinance