CRIMINAL LAW BOOK TWO MODULE 2

Pre- module Questions:

1. Differentiate forgery and perjury in your own words.

2. What is your idea about the crime Grave Scandal?

Answer:

CRIMES AGAINST PUBLIC INTEREST

Forgery (Art. 169)

Modes of Committing Article 169:

(1) By giving to a treasury or bank note or any instrument payable to

bearer or to order mentioned therein, the appearance of a true and genuine
document;
(2) By erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words, or sign contained therein.

NOTES: Forgery is distinguished from falsification in this wise: (1)

There are two ways of committing falsification; (2) Forgery applies to
treasury or bank notes or similar instruments while falsification applies to
public, commercial or private documents.

Falsification by Public Officer, Employee or Notary Or Ecclesiastical

Minister (Art. 171)

Elements:

(1) That the offender is a public officer, employee, or notary public;

(2) That he takes advantage of his official position;
(3) That he falsifies a document by committing any of the following acts:
(a) Counterfeiting or imitating any handwriting, signature or rubric;
(b) Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;
(c) Attributing to persons who have participated in an act or
proceeding statements other than those in face made by them;
(d) Making untruthful statements in a narration of facts;
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 (e) Altering true dates;
(f) Making any alteration or intercalation in a genuine document
which changes its meaning;
(g) Issuing in an authenticated form a document purporting to be a
copy of an original document when no such original exists, or
including in such copy a statement contrary to, or different from, that
of the genuine original; or (h) Intercalating any instrument or note
relative to the issuance thereof in a protocol, registry or official book;
(4) That in case the offender is an ecclesiastical minister which shall
commit any of the offenses enumerated, with respect to any record or
document of such character that its falsification may affect the civil status
of persons.

False Testimony Against A Defendant (Art. 180)

Elements:

(1) That there is a criminal proceeding;

(2) That the offender testifies falsely under oath against the defendant
therein;
(3) That the offender who against whom the false testimony is given is
either acquitted or convicted in a final judgment.

False Testimony Favorable to the Defendant (Art. 181)

Element:
(1) That a person gives false testimony;
(2) That it is in favor of the defendant;
(3) That it is a criminal case.

False Testimony In Civil Case (Art. 182)

Elements:
(1) That the testimony is given in a civil case;
(2) That the testimony relates to the issues presented in said case;
(3) That the testimony is false;
(4) That the offender knows that the testimony is false;
(5) That the testimony is malicious and given with an intent to affect the
issues presented in said case.

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Perjury (Art. 183)

Elements:

(1) That the accused made a statement under oath or executed an affidavit
upon a material matter;
(2) That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath;
(3) That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood; and
(4) That the sworn statement or affidavit containing the falsity is required
by law or made for a legal purpose.
NOTES: Perjury is distinguished from false testimony as follows:
(1) Perjury refers to other proceedings; while false testimony is given in a
judicial proceeding; (2) Perjury is a statement or testimony required by
law; (3) In perjury, amount involved is material, while in false testimony, in
civil cases, amount involved is material; (4) In perjury, whether or not the
statement or testimony is favorable to the accused is immaterial, while in
false testimony, whether or not the testimony is favorable to the accused is
material in proper cases.

Question:

A gave a false testimony in a civil case filed by B against C. The false

testimony of A is in favor of C. What crime has A committed, if any? Explain
your answer.

CRIMES AGAINST PUBLIC MORALS

Grave Scandal (Art. 200)

Elements:

(1) That the offender performs an act or acts;

(2) That such act or acts be highly scandalous as offending against decency
or good customs;

(3) That the highly scandal is not expressly falling within any other article
of the code;

(4) That the act or acts complained be committed in a public place or within
the public view.
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NOTE: The felony must have been committed publicly and have given rise
to public scandal to persons who have incidentally witnessed the same.

Example: If two individuals would have sexual intercourse in public place

like a public plaza or a movie house, this crime is committed.

Immoral Doctrines, Obscene Publications and exhibitions and

Indecent Shows (Art. 201)

Persons liable under Article 201 are:

(1) Those who shall publicly expound doctrines openly contrary to public;

(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 show, whether live or in film,
which are prescribed 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 (6) Those who shall, sell, give away, or
exhibit films, prints, engravings, sculptures, or literature which are
offensive to morals.

To be held liable under Art. 201 of the RPC, the prosecution must
prove that: (a) That the materials, publication, picture or literatures are
obscene: and (b) That the offender sold, exhibited, published or gave away
such materials. (Fernando v CA, G.R. No. 159751, December 6, 2006)

NOTE: The word “obscene” and the term “obscenity” may be defined
as meaning something offensive to chastity decency or delicacy.

Questions:

1. Alona, after losing in singing contest, went to an abandoned mall.

Feeling so depressed and as a sign of protest, she removed all his
clothes. What crime did Alona commit, if any? Explain your answer.

2. Bornok, a naughty teenager, had engaged in several sexual

intercourses with numerous ladies. Bornok had all these
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 sexcapades, burned in CDs, and sold in Cavite, public market.
What crime has been committed of any? Explain your answer.

CRIMES COMMITTED BY PUBLIC OFFICERS

Within the contemplation of Article 203 of the RPC, a public officer includes
all person, “who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of
public functions in the government of the Philippine islands, or shall
performed in said government or in any of its branches public duties as an
employee, agent or subordinate official, or any rank or class.” (See
Marifosque v. People, G.R. No. 156685, July 27, 2004, 435 SCRA 332)

Malfeasance, misfeasance and nonfeasance

The Revised Penal Code defines malfeasance as “an act prohibited by law or
an act ought not to be done,” while misfeasance is “the improper or
irregular performance of an act” and nonfeasance is “the non-performance,
failure or refusal to do an act which one is required to do.”

Knowingly Rendering an Unjust Judgment (Art. 204)

Elements:

(1) That the offender is a judge;

(2) That he renders a judgment in a case submitted to him for decision

(3) That the judgment is unjust;

(4) That the judge knows that his judgment in unjust.

Direct Bribery (Art. 210)

Elements:

(1) That the offender is a public officer within the scope of Article 203;

(2) That the offender accepts an offer or a promise, receives a gift or a

present by himself or through another;

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(3) That such offer or promise be accepted, or gift or present received by
the public officer – (a) With a view to committing some crime; or (b) In
consideration of the execution of an act which does not constitute a crime,
but the act must be unjust; or (c) To refrain from doing something which it
is his official duty to do;

(4) That the act which offender agrees to perform or which he supports be
connected with the performance of his official duties.

See the link below for an example of paragraph section c,

paragraph 3.

https://www.youtube.com/watch?v=Exn0voVkXxc

Example: A court stenographer who, in consideration of any offer, promise,

gift or present, agrees with a litigant party to a case to alter the notes
taken during the trial to make it appear that a witness testified favorably,
when in fact his testimony is adverse to him is guilty of Direct Bribery.

Indirect Bribery (Art. 211)

Elements:

(1) That the offender is a public officer;

(2) That he accepts gifts;

(3) That the gifts are offered to him by reason of his office.

NOTE: The essential ingredient of indirect bribery is that the public

officer concerned must have accepted the gift or material
consideration. It means that even if the offender did not comply with the
request of the person who bribes him, he is already guilty for this crime as
long as he received the gift or any material consideration.

Qualified Bribery (Art. 211 -A)

Element:

(1) That the offender is public officer entrusted with law enforcement;

(2) That he refrains from arresting or prosecuting an offender who has

committed a crime punishable by reclusion perpetua and/or death;

(3) That the offender refrains from arresting ir prosecuting in consideration

of any promise, gift, or present
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Malversation by Appropriating, Misappropriating or Permitting Any
Other Person to take Public Funds or Property (Art. 217)

Acts punished under Article 217 are:

(1) Appropriating public funds or property;

(2) Taking or misappropriating the same;

(3) Consenting, or through abandonment or negligence, permitting any

other person to take such public funds or property;

(4) Being otherwise guilty of the misappropriation or malversation of such

funds or property.

Common elements are:

(1) That the offender be a public officer;

(2) That he had the custody or control of funds or property by reason of the
duties of his office;

(3) That these funds or property were public funds or property for which he
was accountable;

(4) That he appropriated, took, misappropriated or consented or, through

abandonment or negligence, permitted another person to take them.

NOTES: Malversation is otherwise known as embezzlement. “Estafa and

malversation are very similar, the difference lying in the character of the
guilty person, the circumstances under which the crime was 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 pants or property embezzled by
reason of his office for employment or was accountable for the same, then
the crime is malversation, If not, then the crime is estafa.” (Aquino and
Grino-Aquino, The Revised Penal Code Volume Two (1997 Edition), p. 509,
citing Zoilo Tolentino, 69 Phil. 715 and Lafuente, 37 Phil. 671)

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Failure if Accountable Officer to Render Accounts (Art. 218)

The elements of this crime are: (1) That the offender is public
officer, whether in the service or separated therefrom by resignation or any
other cause; (2) That he is an accountable officer for public funds or
property: (3) That he is required by law or regulation to render account to
the Commission on Audit, or to a provincial auditor; (4) That he fails to do
so for a period of two months after such accounts should be rendered. (See
Lumauig v. People of the Philippines, G.R. No. 166680, July 7, 2014)

NOTES: It is not required that there be a demand first before an

accountable officer is held liable for a violation of a crime.

Technical Malversation (Illegal Use of public Funds or Property)

(Art. 220)

The crime has the following elements, viz.: (1) That the offender is
a public officer; (2) That there are public funds or property under his
administration; (3) That such fund or property has been appropriated by
law or ordinance; (4) 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.

NOTE: In technical malversation (illegal use of public funds), it is

not necessary that the offender derives pecuniary benefit unlike in
malversation. (See Nolledo, The Revised Penal Code Annotated [2008
Fifteenth Revised Edition], p. 326)

Post- module Questions:

1. In your own words differentiate malfeasance, misfeasance and

nonfeasance.
2. In your own understanding differentiate forgery from perjury.
3. Why is it important for you as a future law enforcer to understand the
Crimes Committed by Public Officers of the RPC? Explain your
answer.

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Resources:

Reyes, L. B. The Revised Penal Code, Criminal Law Book 2, 2012

Edition. C.M. Recto, Manila: Rex Book Store, 2012.

Sandoval, E.G. Pointers in Criminal Law. C.M. Recto, Manila: Rex

Book Store, 2016

Tulalian, V. T. The Revised Penal Code Book 2 Specific Crimes and

their Elements. Philippines: Wiseman’s Book Trading, 2016

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