SAPKIAN, JENIFER F.

03/12/2021

BBD-CLJLAW2- F (4-5PM), M/W/F(7-8PM)

MID-TERM ACTIVITY 1

1. WHAT IS GRAVE SCNADAL? PROVIDE AN EXAMPLE.

Grave scandal refers to the act or activities that was perpetuated publicly. Those acts are
scandalous or disgraceful to the society since it degrades the decency or good custom of the
society. This can be seen in Children’s Park, Burnham Park and Rose Garden here in Baguio
City wherein a couple is camping they’re at night when the authorities are not yet strict on those
Parks. This goes with the previous issue wherein the Baguio Council proposes no romance or
prohibited public display of affection (PDA) in Children’s Park. Grave scandal is when a couple is
making love in public areas and in public view.
2. WHO ARE PUBLIC OFFICERS?
Public officers pertain to any person either being as an employee, agent or subordinate
official who carry out social responsibility or public tasks in the government and government
branches. A public officer is the one who won by national or local election or appointed by
competent authority by virtue of direct provision of law. They are the ones who perform public
duties and functions.
3. WHAT ARE THE DIFFERENT KINDS OF BRIBERY?
DIRECT BRIBERY refers to an act committed by any public officer who accepts a gift from any
person in exchange of doing a favor that the person requested. In doing such requests or favor,
the public officer will do it against his public duties and functions.
INDIRECT BRIBERY is a crime committed by any public officer who accepts present from any
person; however, the public officer may not necessarily or not obligate to do any favor or promise
in exchange for the present that he received, but still it is considered a crime since bare taking of
a present is considered as indirect bribery.
QUALIFIED BRIBERY pertains to a crime committed any public officer or the ones who are in the
law enforcement mainly the Peace Officers and Public Prosecutors who neglects his duty in
apprehending or prosecuting a criminal who has committed a crime punishable by death in
exchange of a gift, offer or promise.
ATTEMPTED BRIBERY refers to the crime committed by any public officer who accepted any gift
even if the person who provides the gift has no motive to corrupt the public officer or ask for a
favor.
4. WHAT IS THE DIFFERENCE BETWEEN DIRECT BRIBERY AND INDIRECT BRIBERY?
The difference between direct and indirect bribery is that, direct bribery is when the public
officer promised to do the favor or act which the giver requested in exchange for the gift he
provided and such act is unlawful since the public officer should not be doing it or it is against the
protocol. While indirect bribery is when the public officer receives the present but he is not
obligated to grant a favor or promise something for the giver since it is enough that he takes the
presents provided to him due to his office.
5. WHEN IS BRIBERY CONSIDERED QUALIFIED?
Bribery is considered qualified when the Peace Officers and Public Prosecutors abstain
from apprehending or prosecuting the criminal in exchange of something and if the crime
perpetuated by the criminal is punishable by death or reclusion perpetua, if the punishment is
lower than reclusion perpetua then the crime is considered as direct bribery.
6. WHAT IS MALVERSATION?
 Malversation also called as embezzlement is the illegal or misuse of public funds and
property done by public officers who are in charge. In committing the crime, the public officers
use the government funds and property for their personal use, they let other people take control
of the government funds and property or another person takes such government funds and
property due to the negligence of the public officer. For instance, a Barangay Captain went on a
vacation and use the fund for making and fixing the roads in his barangay.
7. WHAT IS CORRUPTION OF PUBLIC OFFICIALS?
Corruption of public official refers to a crime committed by any person who provide
presents, make deals or proposals and promises to any public officer in such a way that will make
the public officer subjected to indirect bribery or direct bribery.
8. WHAT IS ILLEGAL EXACTION?
Illegal exaction pertains to a crime committed of a public officer who is in charge of in
collecting payments wherein the said public officer is exacting a payment which is different to the
amount that should be collected, intentionally not issuing a receipt and the way of collecting the
payment is different or not following the proper protocol in collecting payments. For example,
when paying your taxes, paying your contribution in SSS, PHILHEALHT and Pag-ibig wherein the
public officer did not issue you a receipt or asking you additional payment or even suggest that
there is easier way for you to pay your taxes and your contributions which is different from the
standard.
9. DEFINE MALFEASANCE, MISFEASANCE AND NONFEASANCE.
MALFEASANCE refers to a crime perpetrated by any public officers who act or did something
that should not be done or a wrongful act.
MISFEASANCE pertains to a crime committed by any public officers who did his duty in a wrong
way or improper manner of performing his duty.
NONFEASANCE is a crime done by any public officer who failed to execute his duty.
10. WHAT ARE THE ACTS PUNISHABLE UNDER ABUSES AGAINST CHASTITY?
The acts punishable under abuses against chastity are the following:
- demanding, suggesting or asking sexual favors to a woman.
- soliciting sexual favors to a female detainee or prisoner.
- soliciting sexual favors to a wife, daughter, sister or even a relative of the person who is a
prisoner or in custody.
The acts mentioned above is a crime committed by any male or female public officer, warden or
any person who is in charge with the custody of the prisoners.
11. DEFINE THE CRIMES PARRICIDE, MURDER, HOMICIDE AND INFANTICIDE. WHAT ARE
THE ELEMENTS OF EACH CRIME?
PARRICIDE is a crime committed by any individual who might murder his child, mother or
father whether legitimate or illegitimate, or any of his ascendants or relatives, or even his/her
companion.
- the elements in parricide are; the offender must be a blood relative, adopted and adopted
children, parents-in-law and children-in-law are not included in the crime of parricide, illegitimate
grandson who kills his grandfather is not guilty of parricide. Instead, it would be either homicide or
murder.
MURDER is a crime perpetrated by any individual who should kill another which isn’t
parricide or child murder.
- the element of murder is; with treachery, taking advantage of predominant quality, with the help
of armed men, or utilizing means to weaken the defense, for money or reward. By means of fire,
explosion, shipwreck, stranding of a vessel, derailment of or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicle, or with the use of any other means
 involving great waste and ruin. With brutality, by intentionally and in sympathetically expanding
the enduring of the casualty, or offending or jeering at his individual or cadaver.
HOMICIDE pertains to a crime committed by any person who kills another which is neither
parricide, murder nor infanticide without the attendance of any qualifying aggravating
circumstance and not considered as parricide.
INFANTICIDE refers to a crime done by a parent, grandparent or other relative of the child
or a stranger who kills a child less than three years of age. If the offender is a parent, grandparent
or a relative, the penalty corresponds to the penalty of parricide and if the offender is a stranger,
the penalty corresponds to murder.
12. WHEN DO YOU CONSIDER A PHYSICCAL INJURY SERIOUS, LESS SERIOUS AND
SLIGHT?
Physical injury would be considered serious if the injured person becomes insane,
imbecile, impotent or blind as a consequence of the injury inflicted. The person injured loses the
use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg or
loses the use of any such member of the body or becomes incapacitated for work in which he is
habitually engaged as a consequence of the injury inflicted. When the person injured becomes
deformed, loses any other member of his body or loses the use thereof, or becomes ill or
incapacitated for work in which he is habitually engaged for more than 90 days. When the person
injured becomes ill or incapacitated for labor for more than 30 days but not more than 90 days as
a result of the injuries inflicted.
Physical injury would be considered less serious when the offended party was
incapacitated for labor for 10 days or more but not more than 30 days as a result of the injury
inflicted or needs medical attendance for the same period of time.
Physical injury would be considered slight when the offended party is unable to work for 1
to 9 days or requires medical attendance for the same period; Physical injuries which did not
prevent the offended party from engaging in his habitual work or did not require medical
attendance. Any physical violence which does not produce any injury such as slapping the face
without causing dishonor to the offended party.
13. HOW IS RAPE COMMITTED?
Rape is committed into two ways, attempted rape and consummated rape. Attempted rape
is done by mere epidermal contact; Stroking or grazing of organs; A slight brush or a scrape of
the penis on the external layer of the female sex organ or the mons pubis/vaginal
surface/pudendum; Mere strafing of the citadel of passion/shelling of the castle of orgasmic
potency is attempted and not consummated. Consummated rape is committed when there is
sexual intercourse happened and even Mere touch to the woman’s sex organ by the male sex
organ is consummated rape.
The two kind of rape are; Rape thru sexual intercourse and rape thru sexual assault. Rape
thru sexual intercourse is perpetrated by a man who have forced, threat or intimidated a woman
to have sexual intercourse. The offended party is either unconscious, or below 12 years of age.
Rape thru sexual assault is done by any individual who inserts his penis into another’s mouth or
anal orifice or by inserting any instrument or object into the genital or anal orifice of another
person.
14. WHAT IS MUTILTION?
Mutilation refers to the lopping or the clipping off some part of the body. It is committed by:
Intentionally mutilating another by depriving his either totally or partially of some essential organ
for reproduction. Intentionally making other mutilation, that is by looping or clipping off any part of
the body of the offended party other than essential organ for reproduction, to deprive him of that
part of the body. The purpose of the offender must be to deprive the offended party of the use of
such part of the body.
15. WHAT DO YOU UNDERSTAND BY DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXEPTIONAL CIRCUMSTANCES?
Base on my understanding, death or physical injuries inflicted under exceptional
circumstances is that it is an act committed by a legally married individual who caught his wife or
husband having sex with another person and kill or seriously injured both or one of them. The
same goes with parents who caught their daughter who is a minor along with his boyfriend. It is
anger and protectiveness that makes the offender commit the crime.

ACTIVITY NO. 6

1. Who are guilty of robbery?

Guilty of robbery pertains to any individual who intentionally take any belongings that is
from another person. The perpetrator uses violence or intimidation of any individual or also by
means of force.
2. What are the classifications of robbery?
The classifications of robbery are one, Robbery with violence against or intimidation of
persons, meaning the owner of the property taken was subjected to physical violence or
intimidation. Two, Robbery with homicide, meaning the owner of the property taken was killed.
Third, Robbery with rape, meaning the owner of the property taken was raped. Fourth, Robbery
with physical injury, meaning the owner of the property taken was physically injured. Fifth,
Robbery with force upon things, meaning the perpetrator uses force upon anything in taking
personal property.
In committing robbery, the perpetrator is either entered the house or building by opening
not intended for entrance or egress, by breaking any wall, roof or floor, door or window, by
using false keys, picklocks or similar tools, by using fictitious name or pretending the exercise of
public authority. When the crime was committed by: Breaking the doors, wardrobes, chest, or
any other kind of locked or sealed furniture or receptacle. By taking such furniture or objects
away to be broken or forced open outside the place of robbery.
3. Define brigandage?
Brigandage is committed by a group of at least four individuals for the reason of
perpetrating robbery in the highway or kidnapping to gain ransom or for the purpose of
extortion or any other reasons using force or violence.
4. Who are liable for theft?
Liable for theft refers to any individual who intentionally take any belongings from another
person without the owner’s consent without using force or intimidation nor force upon things.
the instances where a person can be liable for theft is when he/she fails to return the belongings
that he found to its owner or fails to surrender it to the proper authorities. Individuals who
enter a private property such as farm or fish pond and take any of its plants and fishes without
the consent of the owner.
5. When is theft considered qualified?
Theft is considered qualified when it is perpetrated by a domestic servant, committed with
grave abuse of confidence. If the property stolen is a motor vehicle, mail matter or large cattle, if
the property taken consist of coconuts taken from the premises of a plantation, if the property
 taken is fish that taken from the fishpond or fishery and if the property was taken on the
occasion of calamity.
6. What are the acts punished in destructive arson?
The acts that are punished in destructive arson are, burning of one or more building at the
same time, burning any building of public or private ownership devoted to the public in general
or where people usually gather for a definite purpose like hotels and the like regardless of
whether the building is inhabited or not, burning any train or locomotive, ship or vessel, airship
or airplane devoted to transportation or conveyance or for public use or entertainment, and
lastly, burning any building, factory, warehouse which are devoted to the service of public
utilities. For the reason of collecting the insurance money, to destroy or conceal evidence for the
crime committed, or for defrauding creditors or concealing bankruptcy.
7. What is malicious mischief?
Malicious mischief refers to any individuals who deliberately cause damage to any
property that belongs to another person that is not covered by the crime of arson due to hatred,
revenge and others. For example; intentionally smashing of windows, kicking doors, smashing
car windows and slashing tires due to jealousy or insecurities.
8. Who are persons exempt from criminal liability?
The individuals who are exempted from criminal liabilities for the crime of theft, estafa or
malicious mischief are the spouses, ascendants and descendants or relatives by affinity in the
same line. The widowed spouse with respect to the property of the deceased spouse before the
same shall have been into the possession of another; Brothers and sisters and brothers-in-law
and sisters-in-law if living together
9. What is estafa?
Swindling or estafa pertains to the act of obtaining property or money by means of fraud
or lying. It committed by any individual who deceive another person which cause the victim to
suffer damage through unfaithfulness or abuse of confidence or of false pretense or fraudulent
acts. Common example of estafa is barrowing large amount of money without paying, deceiving
people that they can go to abroad by paying and others.
10. When do you consider a crime as estafa with unfaithfulness and estafa with abuse of
confidence?
The crime is considered as estafa with unfaithfulness if it is by means of altering quality,
quantity and substance of subject matter of contract, misappropriating or converting
goods/property of another.
The crime is considered as estafa with abuse of confidence if it is by means of taking
advantage of a signature in bank, the offender is issuing a check however he/she does not have
any funds in the bank or has an insufficient fund.
 ACTIVITY 7
1. WHO ARE GUILTY OF ADULTERY?
The person who is guilty of adultery is any married woman who shall have sexual
intercourse with a man not her husband and by the man whom she had sexual intercourse
with is aware or has knowledge of her that she is married. The crime of adultery is still
committed even if the marriage is subsequently declared void, meaning the marriage is
invalid or unlawful under the law. For instance; the wife or the husband is having no
knowledge about the marriage that has taken place since the woman or the man forged the
signature of the other and filed the marriage paper. The penalty of prision correccional in its
medium and maximum periods will be filed against the person who is found guilty of
adultery.
2. WHO ARE GUILTY OF CONCUBINAGE?
The person who is guilty of concubinage is any married man who shall have sexual
intercourse with another woman not his wife and keeping his mistress in the conjugal dwelling,
meaning the husband take his mistress to their house and there they had sexual intercourse and
other scandalous acts. A married man is guilty of concubinage regardless of the place of the
sexual intercourse.

3. DISTINGUISH ADULTERY FROM CONCUBINAGE.

The difference of adultery from concubinage is that, first adultery is committed by a
married woman while concubinage is committed by a married man. Second, concubinage is
a continuing offense, meaning there is only one crime of concubinage regardless of the
number of sexual intercourses, unlike adultery that each sexual intercourse constitutes
separate offense.
4. HOW IS ACTS OF LASCIVIOUSNESS COMMITTED?
The acts of lasciviousness are perpetrated by any individual who shall commit any act
of lasciviousness upon other persons of either sex under the same circumstances in which
rape is committed. It is the act of making a physical body contact with another individual for
the reason of sexual gratification, by using his lips, foot, hands and even any object against
the victim. In acts of lasciviousness, the offender has no intention of sexual intercourse.

5. DISTINGUISH ACTS OF LASCIVIOUSNESS FROM RAPE?

Acts of lasciviousness is different from rape since there is no intent of any form of
insertion or sexual intercourse. Acts of lasciviousness means intentional touching, it can be
directly or through breast, genitalia, buttocks, anus, mouth and others, of other person,
either same or opposite sex, having the intention of humiliating, harassing, or to degrade
the victim.

ACTIVITY 8
1. Who are the offenders in qualified seduction?
The offenders in qualified seduction are any individual in public authority (ex. Police,
government officials and etc.), priest who abused confidence reposed in them, house servant
who abused confidence reposed in them, guardian, teacher, any individual entrusted with the
 education or custody of the woman seduced (tutors, trainers or coaches and etc.), brother who
seduced his sister, and ascendant who seduced his descendant.
2. Who is the victim in qualified seduction?
Under Article 337 of the Revised Penal Code, the victim in qualified seduction is a virgin
over 12 years old and under 18 years of age.
3. How is simple seduction committed?
Simple seduction is committed by seducing a woman, whether she is single or widowed
having a good reputation by means of deceit.
4. How is corruption of minor committed?
Corruption of minor is committed by any individual, particularly adults in a way of aiding,
promoting, facilitating or corrupting minors to commit any crime or to satisfy the lust of other
people.
5. How is forcible abduction committed?
Forcible abduction is committed by means of abducting a woman against her will and with
lewd design, whether he is a minor or an adult, married or single, widowed and also regardless
of her reputation.
6. Define lewd design?
Lewd design refers to the essential elements of the crime of abduction of a woman,
whether the same was perpetrated against her will or with violence, or whether the woman
thus abducted, being a minor, gave her consent thereof.
7. How is consented abduction committed?
Consented abduction is done when the offender abducted a virgin who is over 12 years of
age and under 18 years old with the consent of the abducted person and with lewd design.
8. What are the pre-conditions to prosecute the offenders for adultery or concubinage?
For the crime of adultery, the conditions to prosecute the offender are, the spouse must
still be married to the offender, one must show circumstantial evidence that the adulterous
spouse had both dispositions to commit adultery and the opportunity to do so. Example of
disposition evidence are photographs of the offender together with the other man kissing or
showing affection with each other.
For the crime of concubinage, the conditions are, the wife must show evidence or proof
that her husband had kept his mistress in the conjugal dwelling, had sexual intercourse with the
mistress or had lived with other places by showing pictures of the husband with her mistress.
The offender for the crime of adultery and concubinage will not be prosecuted unless
there is a complaint filed against them.
9. What are the pre-conditions to prosecute the offenders for seduction, abduction and acts of
lasciviousness?
For the crime of seduction, abduction, and acts of lasciviousness, the pre-conditions to
prosecute the offender are; the victim or her parents, grandparents or guardian must file first a
complaint. The offender will not be prosecuted unless there is a complaint filed against him.
10. What is the civil liability of persons guilty of crimes against chastity?
The civil liability of persons guilty of crimes against chastity are, Indemnification of the
offended party. Moral damages are recoverable in the acts of lasciviousness by the victim as
well as by the parents. Acknowledgement of the offspring, unless the law should prevent the
offender from doing so. And to support the offspring.
 ACTIVITY 9
1. How is violence against women committed?
Violence against women is committed or includes physical harm or violence, sexual
violence or harm, psychological violence, and economic abuse and etc. Violence against
women is any act of gender-based violence that result to the things mentioned above.
Examples of the violence are threats against women, deprivation of liberty, forcing her to
have sexual intercourse, and any other acts which results to the suffering of women.
2. Define simulation of birth.

Simulation of birth is defined as the act of tampering of the civil registry making it
appear in the records of birth that the child was born to an individual who is not her/his
biological mother, which cause the child to lose its true identity and status. For instance, Jen
was registered by Rose to be her own daughter, however, it appears that Rose is not her
birth mother.
3. How is usurpation of civil status committed?
Usurpation of civil status is committed by an individual who represents himself as
another and assumes the rights that belongs to the person, he/she represents. In the
commission of the crime, the offender has an intent to enjoy the civil rights or benefits of
the person he impersonated which he knows that he is not qualified of. The gravity of
penalty for this crime depends on the purpose of the offender. Base on my observation, the
common example of usurpation of civil status is, when the relative of the senior or disabled
person uses their ID for discounts in food establishments.
4. How is bigamy committed?

Bigamy pertains to an illegal marriage committed by contracting a subsequent or

second marriage before the first marriage has been legally dissolved, or before the absent
spouse has been declared presumptively dead by means of a judgement rendered in the
proper proceedings.
5. What are the elements of bigamy?
The elements of bigamy are, the offender has been legally married, the marriage has
not been legally dissolved or, if his or her spouse is absent, the absent spouse could not yet
be presumed dead according to the civil code, the offender contracts a second marriage and
that the second marriage has all the essential requisites for validity.
6. What is incestuous marriage?
Incestuous marriage is defined as the illegal marriage between two individuals who are
closely related to each other, either by blood which is known as consanguinity, or by
marriage which is known as affinity. For instance, Tsoyo married Shuka who is the daughter
of his aunt or the niece of her mother. Another example, Gavy married Kesha who is his
relative by marriage.

7. Who are liable for performance of illegal marriage ceremony?

The individuals who are liable for the performance of illegal marriage ceremony are,
the priests or ministers of any religious denomination or sect, or any civil authorities who
shall perform or authorize any illegal marriage ceremony. However, if the person who
 performs the marriage ceremony does not know that marriage is illegal, he/she is not liable
of the performance of illegal marriage.
8. What are the elements of performance of illegal marriage ceremony?

The elements of performance of illegal marriage ceremony are the following; one,
authority of the solemnizing officer. Two, his performance of an illegal marriage ceremony.