Esternon, Mariel Q.

3rdyr-OLM10
20180485
Mr. Mabutol, Mark Ryan M.
Ass.#7
1. Give 5 examples of crimes committed by public officers.

· Art. 204 - Knowingly rendering an unjust judgment

· Art. 210 - Direct bribery

· Art. 211 - Indirect bribery

· Art. 211 A - Qualified bribery

· Art. 220 - Technical malversation

2. What are the elements of the crime of knowingly rendering an unjust judgment?
a) That the offender is a judge;
b) That he renders a judgment in a case submitted to him for decision;
c) That the judgment is unjust;
d) That the judge knows that his judgment is unjust.

3. What are the elements of direct bribery?

a) That the offender is a public officer within the scope of Article 203;
b) That the offender accepts an offer or a promise or receives a gift or present by
himself or though another;
c) That such offer or promise be accepted, or gift or present received by the public
officer - (1) With a view to committing some crime; (2) In consideration of the execution
of an act which does not constitute a crime, but the act must be unjust, or; (3) To refrain
from doing something which it is his official duty to do;
d) That the act which offender agrees to perform or which he executes be connected
with the performance of his official duties.
4. What are the elements of indirect bribery?
a) That the offender is a public officer;
b) That he accepts gifts;
c) That the gifts are offered to him by reason to his office.

5. What are the elements of qualified bribery?

a) That the offender is a public officer entrusted with law enforcement;
b) That he refrains from arresting or prosecuting an offender who has committed a crime
punishable by Reclusion Perpetua and/or death;
c) That the offender refrains from arresting or prosecuting in consideration of any
promise, gift or present.

6. What are the elements of technical malversation?

a) That the offender is a public officer;
b) That there are public funds or property under his administration;
c) That such fund or property has been appropriated by law or ordinance;
d) That he applies such public fund or property to a public use other than that for which
it has been appropriated by law or ordinance.

7. What is the difference between estafa and malversation?

- The difference lying in the character of the guilty person, the circumstances under
which the crime were committed, and the things which were the objects of the criminal
purpose; private property in estafa; public effects in malversation. Where the accused is
a public officer or employee, one test for determining the nature of the crime is whether
he received the funds or property in an official or in a private capacity. If the accused
had charge of the funds or property embezzled by reason of his office or employment or
was accountable for the same, then the crime is malversation, if not, then the crime is
estafa.

8. What is the difference between illegal use of public funds under Article 220 of the
RPC and malversation?
- the public officer applies public funds under his administration not for his or another's
personal use, but to a public use other than that for which the fund was appropriated by
law or ordinance while malversation public officer has the custody in it but he gave his
consent, permitted another person to take the funds or property.

9. Does the law require that there be a demand first before an accountable officer can
be held liable for the crime of failure of accountable officer to render accounts?
- It's not required.

10. A, an accountable officer, disposed of the money of their agency pursuant to an

administrative directive of B, his superior. Is A criminally liable for technical
malversation?
- No, A is not criminally liable.