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CRIMINAL LAW II
Criminal Law MEK-Q~YAID
San Seda University College of Law - RGCTBar OperationsCenter

bulkhead other than a port of entry; PRESIDENTIAL DECREE NO. 1602 prohibited gambling is frequently carried on ELEMENTS OF LOTTERY: (CCP)
30. Dumping of garbage or stops over the sides of therein, or in a public or government building or
ANTI-GAMBLING LAW 1. ,g,onsideration;
the vessel within three (3) mites from the nearest barangay hall; 2. ,g,hance; and
coastline; Approved on: June 11, 1978 4. Any person who knowingly and without lawful
3. f rize or some advantage or inequality in amount
31. Dumping or causing to spread crude oil, purpose in any hour of any day, _e_ossesses any or value which is in the nature of a prize (Uy v.
kerosene, or gasoline in the bay or at the piers Arts. 195-199 and provisions of P.O. No. 483 and. lottery list, paper or other matter containing
449 are repealed insofar as they are inconsistent v. Palomar, G.R. No. L-23248, February 28,
within three (3) mites from the nearest coastline; letters, figures, signs or symbols pertaining to or 1969).
32. Loading gasoline or any other petroleum with P.O. No. 1602,. which provides for stiffer in any mann~r used in the games of jueteng, jai
products at a place other than that designated · penalties for violation of the Gambling Laws. alai, or horse racing bookies and similar games There is no lottery when there is full value for money
by the regulations; of lotteries and numbers which have taken place and the prize is merely incidental (U.S. v. Olsen,
33. Causing the emission and spread of harmful GAMBLING or about to take place; G.R. No. 11602, March 6, 1917).
gas, fumes and chemicals; Any game or scheme, whether upon chance or skill, 5. A Government official who is a maintainer,
34. Transporting hazardous waste, radioactive wherein wagers consisting of money, articles of conductor or banker of the gambling schemes,
waste and other toxic substances as provided value or representative of value are at stake or made or the player, promoter, referee, umpire, judge
ILLEGAL NUMBER GAMES
under the Basel Convention and Republic Act (Sec. 1, Par. a). or coach in case of game fixing, point shaving Any form of illegal gambling activity which uses
No. 6969, otherwise known as the "Toxic and other machinations; numbers or combinations thereof as factors in giving
Substances and Hazardous and Nuclear PERSONS LIABLE: (TaP 3- GoMBS) 6. The Maintainer or conductor of the above out jackpots. It includes games such as jueteng,
Wastes Control Act of 1990." gambling schemes; masiao and last two (R. A. 9287, Sec. 2, Par. a).
1. Any person Taking part, directly or indirectly in R.A. No. 9287 increased the penalties for illegal
NOTE: For offenses with a penalty of imprisonment, any illegal or unauthorized activities or games of
in addition to fine, and the ·offender is a foreigner, Maintainer is the person who sets up and number games, amending certain provisions of P.D.
cockfighting, jueteng, jai alai or horse racing to No. 1602.
the tatter shalt also be deported after serving inc:lm:ie bookie operations and game fixing, furnishes the means with which to carry on the
sentence. numt>ers;. bingo, and other forms of lotteries; gambling game or scheme (Id. at 360).
The Philippine Charity and Sweepstakes Office
·G{;lra;:ycruf1 tJ,Ompiangand the like; 7-11 and any (PCSO) has the authorityto hold and conduct charity
Conductor is the person who manages <:or
game llSfb~l dice; black jack, lucky nine, poker sweepstakes, lotteries and similar activities (R.A.
and Its· derh.>a\ves, monte, baccarat, cuajo, carries on the gambling game or scheme (Id.). ·
TITLE F~!_·· /~. .... ·· pan{lgu,bl)~ ahd\?ther card games; paik que,
·• . 1, Par. a, as amended by B.P. Big.
7. Any §_arangay official who, with knowledge of __. 1157) in order to raise and provide
highi and'. row, rhahjong, domino, and other
CRIMES REUATJITETO ga~s using Zpla;tic tiles and the like; slot the existence of a gambling house orpiace in his funds for c~ity programs or those of national
jurisdiction, fails to abate the same orlake action_ character. l :!\ _
OPIUM ANll.dtHER macfiines, ·· rotllet\e, pinball, and other
in connection therewith; or -·~
<
JI}
.,,
!~
''ic
q,
· mechanical . COQ!JPftions and devices; dog
PROHIBITED.DRUGS
. . . .. '. rac:ing, boa(?racin€J,i·carracing, and other forms 8. Any §_ecurity officer, security ~ard, watCRman, Parlor gajhe~; ar~.,exempted such as those during
private or house detective:iOf hotett~,,.villages, wakes, · es~ the\vake is unnecessarily prolonged
otraces~ ba§~.et,t>atf, boxing, volleyball, bowling,
....
J;Jfngpong,,nd oth-r forms of individual or team buildings, enclosures and tM like whlct, have. as to duct illegal gambling.
··CQ_Rtests tb lnctu~ game fixing, point shaving, the reputation of a gamblfng place or where
This title has been repeateJ:.by Re~µblic Ace"r4o. gambling activities are being held. Provisions of Art. 195-199 of the Revised
9165, otherwise known as '•t_he Con:iprehetfsive·· • •
andoth~ machidations; banking or percentage Penal Code, as amended, Republic Act No. 3063,
game, or any other game or scheme, whether
Dangerous Drugs Act of 2002, as
amended by R;A:•. t.ip.orfcbanceifr skill, wherein wagers consisting NOTE: Proof that the game took place or1~atfout to · tial Decrees Numbered 483, 449, 510 and
No. 10640. . .. take place is not necessary (Encarnaciotlv. Peqpj,,• .,:, of instructions, laws, executive orders,
.., • of money, .articles of value or representative of rules and regulations, city and municipal ordinances
valueareat stake or made; . G.R. No. 48227, September 9, 1942). • --•-
'"·
(Refer to SPL part for a detailed dist~sion: See .,,..,/E,'<';;--,"::;t which are inconsistent with this Decree are hereby
page 434) · •·· 2~ Ahy,.person knowingly fermitting any form of
However, proof that jueteng lists were used on the repealed (P.O. No. 1602, Sec. 3).
··"gambling previously enumerated to be carried
on in an inhabited or uninhabited place or in any date of the raid or immediately prior to or after said
building, vessel or other means of transportation date is necessary when they pertain to games , ARTICLE 196
owned or controlled by him; played on other dates (REYES, Book Two, supra at IMPORTATION SALE AND
TITLE SIX: 430). POSSESSION OF LOTTERY TICKETS
CRIMES AGAINST ELEMENTS: (POP)
a. A gambling game was carried on in an A mere bystander or spectator in a gambling game
OR ADVERTISEMENTS
PUBLIC MORALS inhabited or uninhabited flace or in any is not criminally liable because he does not take part
therein, directly or indirectly. The law does not make ACTS PUNISHED RELATIVE TO
building, vessel or other means of
transportation; the mere presence in a gambling house an offense LOTTERY TICKETS OR
b. The place, building, vessel or other means (U.S. v. Palma, G._R.No. 2188, May 5, 1905). ADVERTISEMENTS: (IPIS 2)
of transportation is Owned or controlled by 1. !mporting into the Philippines from any foreign
CHAPTER ONE: the offender; and LOTTERY place or port any lottery ticket or advertisement;
GAMBLING AND BETTING c. The offender fermitted the carrying on of It is a scheme for the distribution of prizes by chance 2. fossessing, knowingly and with Intent to use,
such game, knowing that it is a· gambling among persons who have paid, or agreed to pay, a lottery tickets or advertisements;
(ARTS. 195-199) game (REYES, Book Two, supra at 429). valuable consideration for the chance to obtain a 3. §_elling or distributing the same in connivance
prize (U.S. v. Fi/art, G.R. No. 10263, March 13, with the importer; and
3. Any person knowingly fermitting any form of 1915). 4. §_elling or distributing the same without
gambling to be carried on in a place which has a connivance with the importer
reputation of a gambling place or where (REYES, Book Two, supra at 362).

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CRIMINAL LAW II
Criminal Law MEM:Q~YAID
San 8ed8 UniversityCollege of Law - RGCTBar Operations Center

upon conviction, be punished by prision (RPC, Art. 198, Par. 2).

The possession of any lottery ticket or advertisement correccional in its maximum period and a fine of
is prima facie evidence of an intent to sell, distribute 2,000 pesos with subsidiary imprisonment in
or use the same (RPG, Art. 196, Par. 3). case of insolvency, at the discretion of the court. ARTICLE 199 CHAPTER TWO:
This penalty shall also be imposed when the · ILLEGAL COCKFIGHTING OFFENSES AGAINST
PRESIDENTIAL DECREE NO. 483 offenders compose a syndicate of five or more Modified by: P.O. No. 449 (Cockfighting Law of DECENCY AND GOOD
PENALIZING BETTING, GAME-FIXING persons. 1974) approved on May 9, 1974.
2. In case of any other offender, he shall, upon
CUSTOMS
OR POINT-SHAVING AND conviction, be punished by prision correccional (ARTS. 200-202)
PERSONS LIABLE:
MACHINATIONS IN SPORT CONTESTS in its medium period and a fine of 1,000 pesos 1. Any person who, directly or indirectly,
Approved on: June 13, 1974 with subsidiary imprisonment in case of participates in cockfights, by betting money or
insolvency at the discretion of the court.· other valuable things on a day other than those
NOTE: This repealed Article 197 (Betting in Sports 3. When the offender is an official or employee of permitted by law;
ARTICLE 200
Contests) of the RPC. any government office or agency concerned with 2. Any person who, directly or indirectly, organizes GRAVE SCANDAL
the enforcement or administration of laws and cockfights at which bets are made on a day other
PUNISHABLE ACTS: regulations on sports, the penalty provided for in than those permitted by law; . ELEMENTS: (AHNaP)
Betting, game-fixing, point-shaving, game the preceding paragraph shall be imposed. In 3. Any person who, directly or indirectly,
addition, he shall be disqualified from holding 1. The offender performs an Act or acts;
machination, in connection with the games of participates in cockfights, by betting money or
any public office or employment for life. If he is 2. Such act or acts be ,!:!ighly scandalous as
basketball, volleyball, softball, baseball, chess, other valuable things at a place other than a offending against decency or good customs;
boxing bouts, 'Jai-afai," "pelota" and all other.sports an alien, he may be deported (Sec. 3). licensed cockpit; 3. The highly scandalous conduct is Not expressly
contests, games or races; as well as beWng thereiin 4. Owner, manager or lessee of the cockpit who falling within any other Art.of the RPC; and
except as may be authorized by law (Sec. 2). · ARTICLE 198 shall permit gambling of any kind on the 4. The act or acts complained of be committed in a
ILLEGAL BETTING ON HORSE RACES premises of the cockpit or place of cockfighting Public place or within the public knowledge or
DEFINITIONS: during cockfights. · ~ew (REYES, Book Two, supra at 432).
1. Betting . PuNrsHASLEAcTs:
NOTE: Spectators in a cockfight are not liable
betting money or any object or article of 1. Betting ofl horse·· races during the periods not (REYES, Book Two, supra at 370). It means pro~,ety of conduct; proper observance of
value or representative Qf_value.upon the result all9Vyed by law~an~
of any game, races and 6thersports coritests. 2. Maintaining• Qr...employing a totalizer or other the require.~nts of modesty, good taste, etc.
device or scheme for betting on races or
COCKFIGHTING IS ALLOWED l)URING: · (REYES, BPok two, supra at 433).
! ~ '< -
2. Game-fixing realizing profirtMr~rom, during the periods not 1. Sundays;
any arrangement, combination, .scheme or all0wed by Jaw (RE.YES, Book Two, supra at 2. Legal Holidays, EXCEPT:
agreement by which the res1;.1ltof .any;game, 366). a. Rizal Day; sage· and social conventions
races or sports contests st:ialf be i)redictedand/or b. Independence Day; I0n and enforced by social
known other than on the basis ··of the ~onest Totalizer , c. · National Heroes Day; ny violation thereof (Id.).
playing . skill ~r ability of the · players or It is a maahine for> registering and indicating the d. ' Holy Thursday;
participants. · · IJumber .and nature of bets made on horse races e. Good Friday; l(E SCANDAL
((q.), f. Election or Referendum Day; and cts which are offensive to decency and
3. Point-shaving g. During the registration days for ·election or good customs which, having been committed
any such arrangement, combinatlon, HORSE· RACES ARE ALLOWED referendum; ... publicly, tiave given rise to public scandal to persons
scheme, or agreement by which the skill orabilJiy 3. During local fiestas for not more than ihtee (3) who have accidentally witnessed the same (Id.).
DURING: days;and
of any player or participant in a game, races or
1. Sundays not reserved; 4. During provincial, city or municipal, agricultural,
sports contests to make points or scores shall be The act punishable by Art. 200 are those which by
2. 24 Saturdays; and commercial or industrial fair, carnival or
limited deliberately in order to influence the result their publicity and character can cause public
3. Legal Holidays, EXCEPT: exposition for a similar period of three (3) days
thereof in favor of one or the other team, player scandal among the person witnessing them, besides
a. Independence Day; (P.O. No. 449, Sec. 5, Par. d).
or participant therein. being contrary to morals and good customs (Id).
b. Rizal Day;
c. Registration or Voting day; Articles 195 to 199 of the Revised Penal Code
4. Game machination d. Holy Thursday; and WHERE ACT MUST BE PERFORMED:
punish,ed illegal gambling. However, P.O. No. 1602 .
any other fraudulent, deceitful, unfair or e. Good Friday (R.A. No. 309, Sec. 4). 1. Public place; or
has repealed Articles 195 to 199 of the Revised
dishonest means, method, manner or practice 2. Private place, within public knowledge or view
Penal Code. Now, P.O. No. 1602 punishes all forms
employed for the purpose of influencing the result (U.S. v. Samaniego, G.R. No. 5115, November
HORSE RACES ARE NOT ALLOWED of gambling (II CAMPANILLA, Reviewer, supra at
of any game, race or sports contest (Sec. 1). 29, 1909).
ON: 185).

LIABILITY OF OFFENDERS: 1. July 4 th of each year (R.A. 137);

1. When the offender is an official, such as
promoter, referee, umpire, judge, or coach in the
game, race, sports contests, or the manager or
sponsor of any participating team, individual, or
player therein, or participants or players in such
games, races, or other sports contests, he shall,
2. December 30 th of each year (R.A. .229);
3. Any registration or voting days (R.A. 180); and
4. Holy Thursday and Good Friday (R.A. 946) (Id.).
Any race held on the same day and at the same
place shall be held punishable as a separate offense

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CRIMINALLAW II
Criminal Law MEK✓Q~Y AID
San Beda University College of Law - RGCT Bar Operations Center

PUBLIC PLACE AND PRIVATE PLACE, orders, decrees and edicts. Pictures of nude women, not for art's sake but for
DISTINGUISHED 4. Those who shall §ell, give away or exhibit films, profit or gain is a violation of Art. 201 (People v. Go ART. 202 IS NOT APPLICABLE TO
prints, engravings, sculptures or literature which Pin, G.R. No. L-7491, August 8, 1955).
PUBLIC PLACE PRIVATE PLACE are. offensive to morals (RPG, Art. 201 as
MINORS
amended by P.O. No. 960 and 969, July 24, Persons below eighteen (18) years of age shall be
As to Public View
DISPOSITION OF PROHIBITED exempt from prosecution for the crimes of vagrancy
1976).
ARTICLES: and prostitution under Art. 202 of the RPC, of
An act committed in a If in a private place, the The disposition of the literature, films, prints, mendicancy under P.O. No. 1563, and sniffing of
What is punished is the distribution of indecent
public place is deemed act must be committed engravings, sculptures, paintings or other materials rugby under P.O. No. 1619, such prosecution being
literature, etc., to many people and not merely
to be committed in in public view, i.e., there involved in the violation shall be governed by the inconsistent with the United Nations Convention on
the isolated, casual or occasional act of giving
public view because must be one or more following rules: the Rights of the Child: Provided, that said persons
such kind of literature to a single recipient
the possibility of being persons who witnessed 1. Upon conviction of the offender - to be forfeited shall undergo appropriate counseling and treatment
(REYES, Book Two, supra at 376 citing People
witnessed by . third the act. (BOADO, in favor of the government in order to be program (R.A. No. 9344, Sec. 58). ·
v. Tempongko, 1 C.A. Rep. 317).
persons. Compact Reviewer, destroyed;
supra at 333). 2. Where the criminal case against the violator PERSONS LIABLE UNDER P.D. NO.1563.
NOTE: The offense in any of the forms under Article
201 is committed only when there is results in an acquittal - to be forfeited in favor of OR THE MENDICANCY LAW:
NOTE: When the acts were performed in a private publicity (Fernando v. Court of Appeals, G.R. No. the government in order to be destroyed, after
the forfeiture proceedings conducted by the 1. Mendicant himself; and
house and seen by one person, the crime was not 159751, December 6, 2006). 2. Any P.erson who abets mendicancy by giving
committed. This circumstance does not constitute chief constabulary; and
3. The person aggrieved by the forfeiture action of alms directly to mendicants, exploited infants,
the degree of publicity which is an essential element MO~ALS and minors on public roads, sidewalks, parks,
of the crime (U.S. v. Catajay, G.R. No. 2785;~ugust the Chief of Police may, within 15 days after his
•lmpliei, •cqnformity with the generally accepted receipt of the copy of the decision, appeal the and bridges.
23, 1906). .· ·,
_stanqardl:l of'°"goodness or rightness in conduct or matter to the Secretary of the National Defense
cllafa~ter, S(:)r'A~times, specifically, to sexual for review. The decision of _theSecretary of the REPUBLIC ACT NO. 9208
. ARTICLE 291'°::, ..,, conduct,(Rf;'f'ES, Book Two, supra at 435). National Defense shall . be final aod THE ANTI-TRAFFICKIN.G IN PERSONS
IMMORAL DOCTRIN6~- OB$CENE
PUBLICATIONS ANO'EXl:iiBITIONS,
AND INDECEN'T SH<JWSJ
0BSC1eNe' \
-lt_m_e_a_n....,s-so_m_e...,.'.t,11
...... -de_c_e_n-cy-or
__t,-·ty-,
-,n--,g-o"""fl\l_n_s-iv_e_t_o_c_ha_s
unappealable (P.O. No. 969, Sec. 1).

. delicacyj(Fernando v. Court of Appeals, G.R. No.
PURPOSE: The purpose o(tn'e taf
is to ptotectthe
morals of the public (REY/$$_,Bb'okTwo, -~upra ·at
438
).
PERSONS LIABLE: (DOif}},'~
; ,, ' . . ·, ..
' · ·-~
1_ Those who shall public!~, expOll~d or ,prp~Jlaj_m
Qoctrines openly contrary•~o publio_morals; . ·· . .
2. The authors of Obscene \terature<_pubJJSQ~(}. "o.k'. wtfosemir;ids are open to such immoral influences,
with their knowledge in any-,,form; tt3· · fto1;:s"J
publishing such literatu?'e~,. ,.a"fc.) .. ~.:."···••·
owners/operators of the establisllmenf • seling
the same; ... 1
..,,._,_
"""'•·····••·•····,,.;,,.•QakffJer 29, 1923).
NOTE: The author of obscene literature is liable
ONLY when it is published with his knowledge
(REYES, Book Two, supra at 435). The crime
illegal publication is also committed when the
real printer's name is not divulged (RPG, Art.
154, Par. 4).
3. Those who, in theaters, fairs, cinematographs or
any other place, exhibit Indecent or immoral
p!ays, scenes, acts or shows which are
proscribed and shall include those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy the
market for violence, lust or pornography;
c .. Offend any race or religion;
d. Tend to abet traffic in and use of prohibited
drugs; and
e. Are contrary to law, public order, morals,
good customs, established policies, lawful
159751, December 6, 2006 citing People v.
Kotting1~ G.R. ty&.,~5r~, October 29, 1923).
fESf..-_._.·
___-_,._
OF QR~•NITY
'__,··
__
-._-_7____ ·....i-------
,.;,_g;a;;;_
Tt111!f~t is 'Qhether ,-the tendency of the matter
.-cfiar~d as ooscene{lS to deprave or corrupt those
~r:id ihJo'~-~ose ~nds such a publication may fall
.::.:~~-~lsp ~e!_~r or not such publication or act
.slloC~~-h;ie 9Fdmary and common sense of men as
ap_ in~~~cy (People v. Kottinger, G.R. No. 20569,
_
INDECENCY
of It is an act against good behavior and a just delicacy
(REYES, Book Two, supra at 436).
Mere nudity in pictures or paintings is not an
obscenity. The proper test is whether the motive of
the picture, as indicated by it, is pure or impure; or
whether it is naturaHy calculated to excite impure
imaginations (REYES, Book Two, supra at 436).
Mere possession of obscene materials, without
intention to sell, exhibit, or give them away, is not
punishable under Art. 201, considering the purpose
of the law is to prohibit the dissemination of obscene
materials to the public (Fernando v. Court of
Appeals, G.R. No. 159751, December6, 2006).
ARTICLE 202 .
VAGRANTS AND PROSTlllJTES
NOTE: RA No. 10158 (March 121 2012)
decriminalized vagrancy. The law also providesthat
all pending cases on vagrancy snall be .dismissed
and all persons serving sentence.for violation of the
same shall be released upon the effectivityoUhe laV(
(Secs. 2 & 3). Article 202 now penalizes pr~itutes-
only (BOADO, supra at 589).
VAGRANCY
Loitering around public or private places of;perions
without any visible means of support• but who are
physically able to work and do not apply themselves
to some lawful calling, such as able-bodied beggars.
Vagrants include ruffians and pimps who habitually
associate themselves with prostitutes (BOADO,
supra at 588-589).
PROSTITUTE
Under Art. 202, a woman is a prostitute when:
1. She habitually indulges in:
a. sexual intercourse; or
b. , lascivious conduct
2. For money or profit (REYES, Book Two, supra
at 443).
Hence, one sexual intercourse with a man for profit
or money does not make a woman prostitute, nor
several intercourses with different men if there is no
evidence that she indulged in sexual intercourse for
money or profit (Id.)
:,,;')t9
1 i-
ACT OF 2003
NDED BY R.A. NO. 10364
(Refer to Ej=iK
,,~art for a detailed discussion. See
page 474)l ~ ':. •
/1 fr
y 4 ,'
Approv,d orj;:Ma ·..26,
,o '!/
2003
recruitment, obtaining, hiring,
offering, transportation, transfer,
harboring, or receipt of persons with or
without the victim's consent or knowledge, within or
across national borders by means of threat, or use
of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking
advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to
achieve the consent of a person having control over
another person for the purpose of exploitation which
includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or . services, slavery,
servitude or the removal or sale of organs (Sec 3,
Par. a).
The recruitment, transportation, transfer; harboring,
adoption or receipt of a child for the purpose of
exploitation or when the adoption is induced by any
form of consideration for exploitative purposes shall
also be considered as 'trafficking in persons' even if
it does not involve any of the means set forth in the
preceding paragraph (Sec. 3, Par. a).
NOTE: Conspiracy to commit trafficking in persons

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is not punishable (2 FESTIN, Special Penal• Laws
Criminal Law Reviewer, (2014), p. 90) [hereinafter 2
FESTIN, SPL]).
PROSTITUTION
Refers to any act, transaction, scheme or design
involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for
money, profit or any other consideration (Sec. 3, Par.
~- . distinction in the law of public officers between
SYNDICATE
Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring or confederating with one another (Sec.
6, Par. c).
LARGE SCALE
It is deemed committed in large scale if committed
against three (3) or more persons, individually or as
• a group (Sec. 6, Par. c).
TITLE SEVEN:
CRIMES COMMITTED BY
PUBLIC OFFICERS
OFFENDERS IN TITLEtSEVSN
Generally, they are public _officer's. There ·_ are.
instances, however, where the ,offendef Js a prlvale
individual, for instance in Arts. "212, 222 c;1nd225
(BOADO, supra at 590). • ·'
CHAPTER ONE:
PRELIMINARY PROVISIONS
(ART. 203)
ARTICLE 203
WHO ARE PUBLIC OFFICERS
REQUISITES: (PA)
To be a public officer, one must:
1. Take part in the ferformance of public functions
in the government, or performing in said
Government or in any of its branches public
duties as an employee, agent or subordinate
official, of any rank or class; and
2. _ Have Authority to take part in the performance
of public functions or to perform public duties by:
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CRIMINAL LAW II
Criminal Law
(LEA)
a. Direct provision of the _baw;
b. Popular .§_lection;or
c. Appointment by competent authority
(REYES, Book Two, supra at 444-445).
The term "public officers" embraces every public
servant from the highest to the lowest rank. For the
purposes of the RPG, it obliterates the standard
"officer" and "employee" (Maniego v. People, G.R.
No. L-2971, April 20, 1951).
Temporary performance of public functions is
sufficient to constitute a person a public official
(Maniego v. People, G.R. No. L-2971, April 20,
1951).
One who has a duty to perform towards the public
even though his duty is confined to narrow limits, is
nonetheless a public officer because it is his duty
and its nature which makes him a public officer and
not t~e extehfof his authority (Manila Terminal Co.
v. La Gorle de·Relaciones lndustriales, G.R.-No. L-
1881, May 9, 194fJA..
EXAMPLES'OF kUBLIC OFFICERS:
1. GSIS branch manager (Agbayani v. Sayo, G.R.
No. l..-47880, April~0, 1979);
2. Police Seniortrrsp~tor (Mamba v. Garcia, A.M.
No.MTJ-96i.1J1Q, ~une 25, 2001);
3. A person appointed as a laborer but was given
the work oflprep,adng motions for dismissal of
traffic case~ (Manlego v. People, G.R. No. L-
2971, Apni 20, 1901);
4. A ,fiscal ,analyst(People v. Kulais, G.R. Nos.
100901).July 1fJ, 1998);
5. C_ashC_lerklllPeople v. Hipol, G.R. No. 140549,
,, July 22; 2003);
6 .. A Mttnic~al Mayor and a Municipal Treasurer
· (~~fe v. Pantaleon, Jr., G.R. Nos. 158694,
--March 13, 2009); and
7. A Barrio Captain (Milo v. Salanga, G.R. No. L-
37007, July 20, 1987).
CHAPTER 1WO:
MALFEASANCE AND
· MISFEASANCE IN OFFICE
(ARTS. 204-212)
SECTION ONE:
DERELICTION OF DUTY
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