00:04 Art 210 direct bribery 00:42 Three ways of committing direct bribery00:50 - offender is a public officer within the scope of art. 203?01:11 - can only be committed by a public officer although private persons acting in conspiracy

with that public officer shall incur criminal liability as well

01:59 Indirect bribery 02:03 - in direct bribery there is an agreement between the public officer and the giver of the

gift while in indirect bribery usually no such agreement exists 02:52 - it is qualified bribery if the public officer refrains from arresting or prosecuting an

offender who has committed a crime punishable by reclusion perpetua to death > sufferpenalty for offense which was not prosecuted

03:42 - if public officer refuses to be bribed, the offeror alone is liable for attempted corruptionof public official punished under art. 212

04:11 - bribery cannot be complexed with, or absorbed by other crimes as the penalty forbribery is in addition to the penalties for those crimes

04:47 RA 3019 04:51 Public officials - includes elective and appointive officials, and employees whether

permanent or temporary____________05:27 - the term public officers embraces every public servant from the highest to the lowest

and for purposes of the rpc the distinction between an officer and an employee has beobliterated

06:04 - the private individual hired on a contractual basis and for a particular project andspecified period would fall under the non career service of contractual personnel in thegovernment

06:49 - a laborer or an emergency helper temporarily entrusted with a public function is apublic officer

07:48 - people holding honorary office are considered public officers > delegation of sovereignfunction is the ____ of public office > compensation not necessary

08:47 - pursuant to RA 7975, presidents, directors, trustees of all gocc's are subject to thejurisdiction of the sandiganbayan when they are involved in graft and corruption

09:36 - is a student regent in a state university a public officer within the ambit of RA 3019 >yes

10:11 - purpose of 3019 is to repress acts of public officers and private persons constitutinggraft and corruption or which may lead thereto > applies to both public officers andprivate persons in conspiracy with the public official

11:35 - sec 4(b) punishes any private individual who knowingly induces a public officer tocommit any offense in the punishable acts of sec 3

12:10 - crimes committed by public officers and employees in relation to their office do notexclude prosecution for felonies defined and penalized under the rpc, and vice versa

12:48 - sec 3 > corrupt practices of public officers, in addition to....13:20 - one may be charged with violation of 3019 in addition to a felony under the rpc for the

same delictual act either concurrently of subsequent _______14:02 - 3019 > violation of sec 3(e) > take note. Focus on this > elements > public officer

discharging administrative, judicial or official functions > acted with manifest partiality,

Preweek Crim

14:02 - 3019 > violation of sec 3(e) > take note. Focus on this > elements > public officerdischarging administrative, judicial or official functions > acted with manifest partiality,bad faith, gross inexcusable negligence > action caused undue injury to any party,including the government, or gave any party any unwarranted benefits ________in thedischarge of his functions

15:59 - private individuals who participated wth the public officer may also be held liable16:14 - private individual cannot be held liable if public officer acquitted 16:59 - the prosecution for violation of sec 3(e) will lie regardless of whether or not the

accused public official is charged with the grant of licenses, permits, or otherconcessions

19:12 - the use of the three phrases "manifest partiality, evident bad faith, gross inexcusablenegligence" in the same information does not mean the charge of three distinct offensesbut merely implies the possible mode of commission of the offense

21:06 - attempted or frustrated stages of sec 3(e) is not punishable 22:00 - requisites of sec 3(e) causing under injury mean actual injury or damage which must

be established by evidence > proof of actual injury or damage is required 22:43 - good faith and regularity in the performance of official duties by public officers is

always presumed > thus in order that one may be held liable the act of the offenderwhich caused undue injury must have been done with manifest partiality, evident badfaith, or gross inexcusable negligence > must be alleged with particularity in theinformation to inform the accused of the charge against him and to enable the court toproperly render a decision

24:17 Plunder RA 7080

24:35 Gravamen > amassing, accumulating, or acquiring I'll gotten wealth by ______ > malumin se > intention is a necessary element?

25:27 Elements > offender is a public officer (any and all public officials In the government >includes gocc's and their subsidiaries) who acts by himself (can be committed by apublic officer alone) or in connivance with members of his family, relatives either byaffinity or consanguinity, including business associates, subordinates, or other persons(encompassing > may include anyone not necessarily defined or described in the law)

28:06 If there are several accused and multiple conspiracies the different criminal acts shouldhave a commonality to amass, accumulate, or acquire I'll gotten wealth > known as thewill or circle conspiracy in which there is a single person or group referred to as the ab?Dealing individually with two or more other persons known as the spokes and thereshould be a mode of distribution of Ill gotten wealth or proceeds known as the chainconspiracy

30:34 Jingoy case > wheel conspiracy > hub is pres Estrada > spokes other accused > ringthat closes the spokes is the common goal to amass, accumulate, or acquire Ill gottenwealth > read Estrada vs sandiganbayan!

31:33 Amassed or acquired I'll gotten wealth through a combination or series of overt orcriminal acts such as misappropriation ________ or taking advantage of official positionand connection the purpose of which is to unjustly enrich himself at the expense or

criminal acts such as misappropriation ________ or taking advantage of official positionand connection the purpose of which is to unjustly enrich himself at the expense orprejudice of the Filipino people

32:33 Combination and series of acts in relation to plunder law > the term combination refersto at least two acts falling under different categories of the enumeration provided in sec1(d) > series refers to two or more overt criminal acts falling under the same category ofthe enumeration > thus to be held liable, Ill gotten wealth must be _____ through aseries or combination of the overt criminal acts

34:11 Does the information then charge more than one offense? No. The acts alleged in theinformation are not charged as separate offenses but as predicate acts of the crime ofplunder

36:06 Would the bank accounts of the accused in a plunder charge be covered by the banksecrecy deposit law? No. The overt or criminal acts described in the plunder law wouldmake the similarity between plunder and bribery even more pronounced > it is thenapplicable in cases of plunder???

37:36 Total value of ill gotten wealth is at lest 50 mil pesos

38:27 The term pattern consists of at least a combination or series of overt acts or criminalacts devoted towards a common purpose or goal which is to amass, accumulate oracquire ill gotten wealth but is merely a byproduct of the predicate act, it is not anelement

39:19 Period of prescription is 20 years > computation shall commence to run on the day thecrime was committed and if not known from the discovery thereof

40:06 Robbery with homicide

40:37 Homicide produced on occasion of the robbery > it is sufficient that homicide resulted byreason of the robbery inasmuch as it is only the result without reference or distinction asto the -------- of persons intervening in the commission of the crime > to be robbery withhomicide the offender must have the intention to take property of another with intent togain when _______

41:48 Robbery already consummated > homicide committed after > if the killing of a persontook place after commission of the robbery the intention of the offender must be either toprevent the possession of the stolen property or to do away with a witness or to makegood his escape and will result to robbery with homicide

42:52 The person killed on occasion or by reason of the robbery can be any persons

43:10 robbery with rape

43:17 Rape must be consummated for this special complex crime to apply

43:17 Rape must be consummated for this special complex crime to apply

43:43 Robbery with attempted rape does not fall under either art 48 or under art 294 as theyare distinct crimes

44:46 Multiple homicides and or multiple rapes cannot increase the penalty nor be prosecutedseparately > they are to be disregarded as if never committed and their victims neverexisted???

45:39 Theft vs estafa

46:00 In estafa with abuse of confidence juridical possession of the object is transferred to theaccused who thereafter converts the same to his own use ____ while in theft onlyphysical possession is transferred

46:39 Estafa through bouncing checks under art 315 2d from bp 22

47:00 Presence or absence of deceit > the element of deceit and damage in estafa are notrequire in bp 22

47:49 What would be the rules in arson where death occurs

48:22 Main objective is the burning of the building but death results > arson, homicide isabsorbed

48:46 Main objective is to kill a particular person and fire is resorted to as the means toaccomplish such goal > murder only.

49:10 Main objective is to kill a particular person and in fact the offender had killed the victimbut fire is resorted to as a means to cover up the killing > 2 separate and distinct crimes> homicide or murder and arson

49:50 If arson is resorted to, even if death occurs, but the objective or purpose is to create fearand panic among the populace the force the government to give in to an unlawfuldemand > terrorism under human security act

50:43 Illegal marriages

50:49 Bigamy 50:51 Contracting a second marriage or subsequent marriage before ther former marriage has

been legally dissolved or before the absent spouse has been declared presumptivelydead

51:23 Three kinds 51:33 - bigamy51:36 - marriage contrary to marriage laws51:43 - premature marriage under 351 (will be repealed soon)

52:40 There is need of a judicial declaration of the fact that the marriage of a person is voidbefore that person can marry again, otherwise the second marriage will be void

53:23 Art 365 criminal negligence (culpa)

53:23 Art 365 criminal negligence (culpa)

54:14 Violation of art 217, malversation through negligence, do not apply 365 because it is aspecial complex crime already provided with its own penalty

54:42 Evasion through negligence

54:49 Failure to render accounts under art 218

55:04 Where several crimes result from criminal negligence and they are grave or less grave,art 48 complex crimes may apply

55:29 Contributory negligence is not applicable under 365 on its criminal aspect > it is onlymitigating for the civil aspect of the offender