UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

College of Law
Cebu City

COURSE SYLLABUS IN
CRIMINAL LAW 2
AY 2020-2021

DISCUSSION GUIDE IN TITLES V, VI & VII

Title V – expressly repealed by RA 6425 as amended by RA 9165.

Title VI.
CRIMES AGAISNT PUBLIC MORALS

Articles 195-199. Repealed and modified by PD 449, 483 and 1602.

Offenses against decency and good customs.

Art. 200. Grave scandal.

What is grave scandal?
What is meant by “decency” and “customs”?

Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows.
What is the test of obscenity?
Is nudity in paintings or pictures considered obscene?

Art. 202. Vagrants and prostitutes.

Who are vagrants?
What is prostitution?
Compare the provision of articles 201 and 202 with the provisions of RA 9208.

Title VII.
CRIMES COMMITTED BY PUBLIC OFFICERS.

Art. 203. Who are public officers.

 May a laborer be considered a public officer?
Should he be a permanent employee?

Malfeasance and misfeasance.

Define malfeasance, misfeasance and non-feasance.

Dereliction of duty.

Art. 204. Knowingly rendering unjust judgment.

What are the elements of the crime of knowingly rendering a manifestly unjust
judgment?
Define “judgment” and “unjust judgment”.
What is the nature of the action of knowingly rendering an unjust judgment?
What is the defense against a charge for rendering unjust judgment?

Art. 205. Judgment rendered through negligence.

What is “manifestly unjust judgment”?
Is abuse of discretion or error of judgment punishable under this article?

Art. 206. Unjust interlocutory order.

What is an interlocutory order?

Art. 207. Malicious delay in the administration of justice.

Art. 208. Prosecution of offenses; negligence and tolerance.

Who is the offender under art. 208?
What are the acts punishable under this article?
What are the elements of dereliction of duty in the prosecution of offenses?

Art. 209. Betrayal of trust by an attorney or solicitor-revelation of secrets.

Are all information received by counsel from client classified as privileged?

Bribery.

Art. 210. Direct bribery.

Art. 211. Indirect bribery.
What is bribery?
What are the kinds of bribery?
When the act constitutes a crime and the same was accomplished, what should the
penalty be
to offender?
What are the essential elements of direct bribery?
What is indirect bribery?
How is indirect bribery committed?
 What are the distinctions between direct and indirect bribery?

Art. 211-A. Qualified bribery.

What are the elements of qualified bribery?

Art. 212. Corruption of public officials.

When a public officer refused to be corruption what crime is committed?
Under PD 749 (Granting immunity to givers of bribes), what are required to invoke
immunity from prosecution?

Frauds and Illegal Exactions and Transactions.

Art. 213. Frauds against public treasury and similar offenses.

Who is the offender in illegal exaction under art. 213 par. 2?
What are the ways of committing illegal exaction?
When there is deceit in demanding greater fees than those prescribed by law, what
crime is committed?

Art. 214. Other frauds.

Art. 215. Prohibited transactions.

Art. 216. Possession of prohibited interest by a public officer.

Who are liable for possession of prohibited interest?
Is actual fraud necessary?

Malversation of Public Funds or Property.

Art. 217. Malversation of public funds or property – presumption of malversation.

What is embezzlement?
What are the elements of malversation?
How is malversation committed?
What is the condition precedent before there could be any taking, appropriation,
conversation or loss of public funds that would amount to malversation?
Who could be liable for malversation?
Is demand an element of malversation?
What is the effect on the penalty when the malversation is committed through
negligence?
If the charge is for intentional malversation but what was proved was culpable
malversation, can the offender be convicted under that information?
What is the effect of the restitution of the amount malversed?
When will the presumption of malversation arise?
Is direct evidence required in malversation?
Is good faith a valid defense in malversation?
 What are the ways of committing the crime of malvesation?
May a public officer be convicted of Malversation even without direct evidence?
Compare malversation (art. 217) with technical malversation (art. 220).
May a charge under one result to conviction for the other?
What is essential for conviction for technical malversation?
Who is an accountable officer under art. 217?

Art. 218. Failure of accountable officer to render accounts.

Is demand for accounting necessary in order for one to be liable under this article?
Is misappropriation necessary?

Art. 219. Failure of a responsible public officer to render accounts before leaving the country.

Art. 220. Illegal use of public funds or property.

Distinguish malversation (art. 217) from technical malversation (art. 220)
What is required for technical malversation to exist?

Art. 221. Failure to make delivery of public funds or property.

Art. 222. Officers included in the preceding provisions.

How is malversation committed by a private person?

Infidelity of public officers.

Infidelity in the custody of prisoners.

Art. 223. Conniving with or consenting to evasion.

Art. 224. Evasion through negligence.
Art. 225. Escape of prisoner under the custody of a person not a public officer.
How is the crime of infidelity in the custody of prisoners committed?
What are the elements of evasion through negligence under art. 224?
Will mere laxity amount to negligence within the contemplation of art. 224?
How is infidelity committed by private persons?
What is the liability of the escaping prisoner?

Infidelity in the custody of documents.

Art. 226. Removal, concealment or destruction of documents.

When is removal deemed to be for illicit purpose?
When is removal of public document deemed consummated?

Art. 227. Officer breaking seal.

Is damage or intent to cause damage necessary in order for liability to attach?
Art. 228. Opening of closed documents.
What are the infidelity in the custody of documents?
What are the ways of committing infidelity in the custody of documents?
Distinguish infidelity from qualified theft.

Art. 229. Revelation of secrets by an officer.

What are the acts punished as revelation of secrets by an officer?
Distinguish art. 229 from espionage.

Art. 230. Public officer revealing secrets of private individual

When the offender is an attorney at law or a solicitor, is art. 230 applicable?

Other offenses or irregularities by public officers.

Art. 231. Open disobedience.

What is the act constituting this crime?

Art. 232. Disobedience to order of superior officer, when said order was suspended by inferior
officer.

Art. 233. Refusal of assistance.

Cite an example of the crime of refusal assistance.

Art. 234. Refusal to discharge elective office.

Art. 235. Maltreatment of prisoners.

When a prisoner is maltreated, how many crimes may be committed?
To what does the word maltreatment refer to?
How are prisoners viewed under the law?

Art. 236. Anticipation of duties of a public office.

Art. 237. Prolonging performance of duties and powers.

Who are the officers contemplated?

Art. 238. Abandonment of office or position.

When is the offense qualified?
Distinguish abandonment (238) from negligence and tolerance in prosecution of
offenses (208).

Art. 239. Usurpation of legislative powers.

Art. 240. Usurpation of executive functions.

Are legislative officers liable under this article?
Art. 241. Usurpation of judicial functions.

Art. 242. Disobeying request for disqualification.

Art. 243. Orders or request by executive officers to any judicial authority.

Art. 244. Unlawful appointments.

Art. 245. Abuses against chastity.

Who is the offended in abuses of chastity and how are these abuses committed?