1. What are the elements of technical malversation?

The elements of the offense, also known as technical malversation, are:

1) the offender is an accountable public officer;
2) he applies public funds or property under his administration to some public
use; and
3) the public use for which the public funds or property were applied is
different from the purpose for which they were originally appropriated by
law or ordinance.
2. What is the difference of estafa and malversation?
In the case of People vs. Tolentino the Supreme Court has laid down the
doctrine that the only difference between estafa and malversation is that in
estafa, the object is private property whereas in malversation, it is public funds.

3. What is the difference between illegal use of public funds under Article 220
of the RPC and malversation?
Illegal use of public funds mostly referred to as “Juggling of Funds” or
“Realignment of Funds”. This is the crime committed by a public officer who used
or applied funds earmarked or appropriated for a specific public purpose, for
another public purpose. On the other hand, malversation is a misconduct in
public office. It is a form of corruption, which misuses funds appropriated for
certain public purpose. Malversation, as a term, may coincide with other criminal
terms, such as embezzlement or abuse of office.
4. 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?
Nowhere in the provision does it require that there first be a demand
before an accountable officer is held liable for a violation of the crime. The law is
very clear. Where none is provided, the court may not introduce exceptions or
conditions, neither may it engraft into the law qualifications not contemplated.
Where the law is clear and unambiguous, it must be taken to mean exactly
what it says and the court has no choice but to see to it that its mandate is
obeyed. There is no room for interpretation, but only application.
5. What are the elements of parricide?
According to Article 246 of the RPC, The elements of parricide are;
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
a. father, mother, or
b. child, whether legitimate or illegitimate, or
c. legitimate other ascendant or other descendant, or
d. legitimate spouse of the accused.
6. What are the elements of murder?
According to the Revised Penal Code Article 248 the elements of murder
are:
1. that a person was killed;
2. that the accused killed him or her;
3. the killing was attended by any of the qualifying circumstances mentioned in
Article 248 of the RPC; and
4. That the killing is not parricide or infanticide.
7. What are the elements of homicide?
According to the Revised Penal Code, Article 249 the elements of
Homicide are;

1. That a person was killed.

2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide.

8. What are the elements of giving assistance to suicide?

According to the Revised Penal Code, Article 253, the acts punishable of
giving assistance to suicide are;

1. By assisting another to commit suicide, whether the suicide is consummated

or not.
2. By lending his assistance to another to commit suicide to the extent of doing
the killing himself.

9. What are the elements of discharge of firearms?

According to the Revised Penal Code, Article 254 the elements of
Discharge of firearms are;

1. The offender discharges a firearm against or at another person;

2. The offender has no intention to kill that person.

10. What are the elements of kidnapping and serious illegal detention?
The elements of Kidnapping and Serious Illegal Detention under Article
267 of the Revised Penal Code, as amended, are:
1. the offender is a private individual;
2. he kidnaps or detains another or in any other manner deprives the latter of
his liberty;
3. the act of detention or kidnapping must be illegal; and
 4. in the commission of the offense, any of the following circumstances is
present:
(a) the kidnapping or detention lasts for more than three days; or (b) it is
committed by simulating public authority; or
(c) serious physical injuries are inflicted upon the person kidnapped or
detained or threats to kill him are made; or
(d) the person kidnapped or detained is a minor, female, or a public
officer. If the victim of kidnapping and serious illegal detention is a minor,
the duration of his detention is immaterial.
11. What are the elements of slight illegal detention?
According to the Revised Penal Code, Article 268 the elements of slight
illegal detention are;
1. That the offender is a private person;
2. That he kidnaps or detains another or in any other manner deprives
the liberty or he furnishes the place for the perpetuation of the
detention;
3. That the act of detention or kidnapping must be illegal;
4. That the crime is committed without the attendance of any of the
circumstances enumerated in Art. 267.

12. A kissed B (a pretty lass) and held the latter tight to her breast but without
performing lascivious acts. What crime did A commit?
There is no crime committed because there are no lascivious acts that is
performed.
The elements of Acts of Lasciviousness under Article 336 of the RPC are:

(a) the offender commits any act of lasciviousness or lewdness.

(b) the lascivious act is done under any of the following circumstances:
(i) by using force or intimidation;
(ii) when the offended party is deprived of reason or otherwise
unconscious; or
(iii) when the offended party is under twelve (12) years of age; and
(c) the offended party is another person of either sex.
13. What is the primary element of the crime of kidnapping?

The primary element of the crime of kidnapping is actual confinement, detention

and restraint of the victim.

14. Unjust vexation is what type of crime?

Unjust vexation is considered a form of light coercion. Under Article 287 of the
RPC, it is provided that:
any other coercion of unjust vexation shall be punished by arresto menor or a fine
ranging from PHP5 (US$.10) to PHP200(US$4), or both.
15. What are the elements of unlawful arrest?
According to the Revised Penal Code, Article 269 the elements of unlawful arrest
are;
1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper authorities; and
3. That the arrest or detention is not authorized by law or there is no reasonable
ground therefor.

16. What are the elements of qualified trespass to dwelling?

According to the Revised Penal Code, Article 280 the elements of qualified
trespass to dwelling are;

1. That the offender is a private person;

2. That he enters the dwelling of another; and
3. That such entrance is against the latter’s will.

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