JENELYN M.

JAVIER BS CRIMINOLOGY 2-I

Criminal Law (Book II)
QUIZ NO. 2 Title IV-VI

1. Enumerate at least ten (10) crimes against public interest

Crimes against public interest
1. Counterfeiting the great seal of the Government of the Philippines (Art.161);
2. Using forged signature or counterfeiting seal or stamp (Art. 162);
3. Making and importing and uttering false coins (Art. 163);
4. Mutilation of coins, importation and uttering of mutilated coins (Art. 164);
5. Selling of false or mutilated coins, without connivance (Art. 165);
6. Forging treasury or bank notes or other documents payable to bearer, importing and
uttering of such false or forged notes and documents (Art. 166);
7. Counterfeiting, importing and uttering instruments not payable to bearer (Art. 167);
8. Illegal possession and use of forged treasury or bank notes and other instruments of
credit (Art. 168);
9. Falsification of legislative documents (Art. 170);
10. Falsification by public officer, employee or notary (Art. 171

2. How is forgery committed by express provision of the RPC?

Art. 169. How forgery is committed. — The forgery referred to in this section may be
committed by any of the following means:
1. By giving to a treasury or bank note or any instrument, payable to bearer or order
mentioned therein, the appearance of a true genuine document.
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,
words or signs contained therein.
3. What is the crime of falsification?
Article 170 of the Revised Penal Code defines the crime of Falsification of Legislative
Documents
as an act whereby a person who, without proper authority alters a legislative bill,
resolution, or
ordinance, enacted or approved or pending approval by either House of the Legislature
or any
provincial board or municipal

4. What are the elements of usurpation of authority or official functions?

Under Article 177 Of the Revised Penal Code, as amended the elements of the crime of
usurpation of official functions are when a person:
 1. performs any act pertaining any person in authority or public officer of the Philippine
Government or any foreign government, or any agency;
2. acts under pretense of official position;
3. acts without being lawfully entitled to do so

5. What is the crime of false testimony? What are the acts punished?
Art. 180. False testimony against a defendant. — Any person who shall give false testimony
against the defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have been
sentenced to death
2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion
temporal or reclusion perpetua;
3. The penalty of prision correccional, if the defendant shall have been sentenced to any
other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a fine, or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine
not to exceed 1,000 pesos.

6. Alexander is one of those selling residence certificates (cedula) in Quiapo. He was

brought to the police precincts on suspicion that the certificates he was selling to the
public proceed from spurious sources and not from the Bureau of Treasury. Upon
verification, it was found out that the certificates were indeed printed with a booklet
of supposed residence certificates. What crime was committed? Discuss your answer.
Alexander commits a crime of forgery, because the residence certificate (cedula) that he
was selling was a false document. False document is the technique by which an author
aims to increase verisimilitude in a work of fiction by inventing and inserting or
mentioning documents that appear to be factual.

Title VI 7. Enumerate at least five (5) crimes against public morals under the RPC.
Crimes against public morals:
1. Gambling (Art. 195);
2. Importation, sale and possession of lottery tickets or advertisements (Art. 196);
3. Betting in sport contests (Art. 197);
4. Illegal betting on horse races (Art. 198);
5. Illegal cockfighting (Art. 199);
6. Grave scandal (Art. 200);
7. Immoral doctrines, obscene publications and exhibitions (Art. 201); and
8. Vagrancy and prostitution (Art. 202).

8. Is vagrancy a crime? Explain

Historically, vagrancy laws made it a crimefor a person to wander from place to place
without visible means of support. Over time, vagrants regarded as public nuisances,
thereby being subject to dislain and punishment. Our Revised Penal Code, under Article
202, defines vagrancy as criminal act.

9. What is gambling? May a spectator in gambling be held criminally liable?

Gambling, the betting or staking of something of value, with consciousness of risk and hope
of gain, on the outcome of a game, a contest, or an uncertain event whose result may be
determined by chance or accident or have an unexpected result by reason of the bettor’s
miscalculation. Spectators are not liable in gambling, a mere bystander or spectator in a
gambling game is not criminally liable because he does not take part therein,directly or
indirectly.

10. In the case of games such as basketball, volleyball, etc., does the mere playing of them
carry any liability? When will it pose criminal liability?
Yes, there are bets or wagers placed with the hope to win a prize therefrom. Under this
law, even sports contents like boxing, would be gambling insofar as those who are
betting therein are concerned. Under the old penal code, if the skill of the player
outweighs the chance or hazard involved in winning the game, the game is not
considered gambling but a sport.

11. Suppose that in a certain mall, customers were told that for every purchase worth Php
100.00, they will be entitled to a raffle ticket. The prize for the final draw is a
Mercedes-Benz (a very expensive car). Is this lottery? If so, is it a punishable form of
lottery?
Yes, no.

12. a. What is a grave scandal?

Grave scandal is a crime of last resort. Distinction should be made as to the place where
the offensive act was committed, whether in the public place or in a private place:
 (1) In public place, the criminal liability arises irrespective of whether the immoral act is
open to the public view. In short public view is not required.
(2) When act offensive to decency is done in a private place, public view or public
knowledge is required
b. What are its elements?
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as offending against decency or good customs;
3. The highly scandalous conduct is not expressly falling within any other article of this
Code; and
4. The act or acts complained of be committed in a public place or within the public
knowledge or view.
c. Suppose the scandal was committed in the privacy of one’s room, is it a grave one?
Yes.

13. Art. 201 of the RPC defines immoral doctrines, obscene publications and exhibitions
and indecent shows which could pose criminal liability.
a. How are these criminal acts committed?
1. Those who shall publicly expound or proclaim doctrines
2.
a. The authors of obscene literature, published with their knowledge in any form,
the editors publishing such literature; 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
literature 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
3. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or
literature which are offensive to morals.
b. Is mere possession of nude pictures punishable?
Yes.

14. a. Who is a prostitute?

Prostitutes, who are women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct.
Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct, are deemed to be prostitutes.

b. Can a man be considered a prostitute in a legal view?

Yes.
c. The police conducted a raid on a house in Binondo known to be a whorehouse.
They opened a cubicle and surprised a woman and her customer in the sexual act.
Is she liable?
Yes,

15. Under Philippine laws, when are the dates where horse racing is prohibited? How
about cockfighting, when is it prohibited? (specify the dates or occasions)
Horse racing is prohibited during:
1. July 4 (Republic Act No. 137);
2. December 30 (Republic Act No. 229);
3. Any registration or voting days (Republic Act No. 180, Revised Election Code); and
4. Holy Thursday and Good Friday (Republic Act No. 946)

Cockfighting is phohibited during:

Cockfighting not allowed on December 30, June 12, November 30, Holy Thursday, Good
Friday, Election or Referendum Day, and registration days for referendums and elections

16. A man and a woman went to Roxas City Plaza and lied down there. They covered
themselves their blanket and made the public seat as their conjugal bed. They then
had sexual intercourse. Are they liable for grave scandal?
Yes, they are.