Corinne Ann B.

Sarabia
Crim 3-1
1. What is Grave Scandal? Give its elements.
 Grave Scandal, defined – May also be defined as acts which are offensive to decency and good customs
which, having been committed publicly, have give rise to public scandal to persons who have accidentally
witnessed them.
 Elements of Grave scandal:
a. The offender performs an act;
b. The act must be highly scandalous as offending against decency or good customs;
c. The scandalous is expressly falling within any other article of the RPC;
d. The act be committed in a public place or within the public knowledge or view.
2. Who is prostitute?
 Any woman who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.
3. What are Public Officers?
 Public Officers, defined – any 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, or shall
perform in said government or in any of its branches public duties as an employee, agent, or subordinate
official, of any rank or class.
a. Malfeasance – the performance of some act which should not be done
b. Misfeasance – the improper performance of some act which should have been lawfully done.
c. Non-feasance – the omission of some act which ought to be perform
4. Define Unjust Judgement
 A judgement that is contrary to the law, or not supported by evidence or both.
5. Give the elements of reliction of the duty in the prosecution of Offense.
a. An attorney causing damage to his client by malicious breach of professional duty or by inexcusable
negligence or tolerance.
b. An attorney revealing any of the secrets of his client learned by him in his professional capacity
c. An attorney undertaking the defense of the opposing party in the same case, without the consent of his first
client, after having undertaken the defense of the first client or after having received confidential
information from said client.
6. Give the elements of Direct Bribery
a. The offender is a public officer
b. He accepts an offer or a promise or receives gift or present by himself or through another
c. Such offer or promise be accepted, or gift or present received by him:
- With a view to committing some crime; or
- In consideration of the execution of an unjust act by which he does not constitute a crime;
- To refrain from doing something which it is his official duty to do.
d. The act which the offender agrees to perform or which he executes be connected with the performance
of his official duties
Give the elements of Indirect Bribery
a. The offender is a public officer;
b. Gifts are offered to him by reason of his office;
c. He accepts the gift
Give the elements of Qualified Bribery
a. The offender is a public officer entrusted with law enforcement
b. He refrains from arresting or prosecuting an offender who has committed a crime punishable by
reclusion Perpetua and/or death
 c. He does so because of consideration of any promise, gift or present.
7. Give the elements of Malversation
a. The offender is a public officer;
b. He had control or custody of funds or property by reason of the duties of his office;
c. These funds or property are public or property are public in character for which he is accountable;
d. He appropriated, misappropriated, took, or consented, or through abandonment or negligence, permitted
another person to take them
Give the elements of Technical Malversation
a. The offender is a public officer;
b. A public fund or property is under his administration;
c. Such public fund or property has been appropriated by law or ordinance;
d. He applies it to a public use other than that for which fund or property has been appropriate by law or
ordinance.
8. What are the elements of conniving with or consenting to evasion?
a. The offender is a public officer;
b. He had in his custody a detention prisoner or a prisoner convicted by final judgement;
c. The prisoner escape from his custody;
d. He was in connivance with the prisoner in the latter’s escape.
9. Give the elements of maltreatment of prisoner.
a. Offender is a public officer or employee;
b. He has under his charge a prisoner or detention
Prisoner
c. He maltreats such prisoner in either of the
following manners:
 By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge
either
- By the imposition of punishment not authorized by the regulations;
- By inflicting such punishments (those authorized) in a cruel and humiliating manner;
 By maltreating such prisoners to extort a confession or to obtain some information from the prisoner.
10. Give the elements of abuses against chastity.
a. Offender is a public officer;
b. He solicits or make immoral or indecent advances to a woman
c. Such woman is –
- interested in matters pending before the offender for decision, or with respect to which he is required to
submit a report to or consult with a superior officer; or
- under the custody of the offender who is a warden or other public officer directly charged with the care
and custody of prisoners or persons under arrest; or
- the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the
offender.
11. Give the elements of Parricide
a. A person is killed;
b. Accused killed the deceased;
c. The deceased is the legitimate or illegitimate father, mother or child, or legitimate ascendant or legitimate
descendant or legitimate spouse of the accused.
12. Give the elements of Death or Physical Injuries under Exceptional Circumstances
a. A legally married person, or a parent, surprises his spouse or his daughter, the latter under 18 years of
age and living with him in the act of sexual intercourse with another person;
 b. He or she kills any or both of them, or inflicts upon any or both of them any serious physical injury in
the act or immediately thereafter;
c. He has not promoted or facilitated the prostitution of his wife or daughter, or that she has not consented
to the infidelity of the other spouse.
What are the elements of murder?
a. Person was killed;
b. Accused killed him;
c. Killing attended by any of the following qualifying circumstances – (EPIC2 SW2AT
- With treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense, or means or persons to insure or afford impunity;
- In consideration of a price, reward or promise;
- By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other
means involving great waste and ruin.
- On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
- With evident premeditation
- With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
d. The killing is not infanticide or parricide
Elements of homicide.
a. Person was killed;
b. Offender killed him without any justifying circumstances;
c. Offender had the intention to kill, which is presumed;
d. Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or
infanticide.
Elements of tumultuous affray
a. There are several persons;
b. They do not compose groups organized for the common purpose of assaulting and attacking each other
reciprocally;
c. These several persons quarreled and assaulted one another in a confused and tumultuous manner;
d. Someone was killed in the course of the affray;
e. It cannot be ascertained who actually killed the deceased;
f. The person or persons who inflicted serious physical injuries or who used violence can be identified.
Elements of Infanticide
a. A child less than 3 days old (72hrs old or less) is killed;
b. The accused killed such child
Elements of Intentional abortion
a. There is a pregnant woman;
b. Violence is used against the woman but without intending an abortion
c. The violence is intentionally exerted
d. Fetus died.