Revised Penal Code: Falsification, Perjury, and Bribery

50 flashcardspar SANGALLA
Réviser ces flashcardsGratuit · répétition espacée · iPhone, Android, Mac et web

Toutes les cartes

1
Under Article 171 of the Revised Penal Code, who may commit falsification by a public officer, employee, notary, or ecclesiastical minister?
A person belonging to a class specified in Article 171 who commits a prohibited act of falsification while taking advantage of official position, where required.
2
What is the distinction between falsification by a public officer under Article 171 and falsification by a private individual under Article 172?
Article 171 addresses specified official offenders; Article 172 addresses specified falsification offenses committed by private persons and certain uses of falsified documents.
3
What is falsification by making untruthful statements in a narration of facts?
A prohibited false narration in a document when the offender has a legal obligation to disclose the truth and the other statutory elements exist.
4
What is falsification by counterfeiting a signature or handwriting?
Making or imitating a signature, handwriting, or rubric in a manner prohibited by Article 171.
5
What is falsification by altering dates?
Changing a genuine document's date when the alteration is legally material and satisfies Article 171.
6
What is the distinction between falsification of a public document and falsification of a private document?
They involve different statutory requirements; falsification of a private document generally requires damage or intent to cause damage.
7
What is the offense of using a falsified document under Article 172?
Knowingly introducing or using a falsified document in circumstances penalized by Article 172.
8
What is perjury under Article 183?
Knowingly making an untruthful statement under oath or executing a false affidavit on a material matter before a person authorized to administer an oath, under the statutory conditions.
9
What distinguishes perjury from ordinary lying?
Perjury requires a knowingly false material statement made under a legally required or authorized oath or affidavit.
10
What is the significance of materiality in perjury?
The false statement must concern a matter material to the purpose for which the oath or affidavit is required.
11
What is direct bribery under Article 210?
A public officer's acceptance of an offer, promise, gift, or present in consideration of conduct specified by Article 210 in connection with official duties.
12
What is indirect bribery under Article 211?
A public officer's acceptance of gifts offered by reason of the officer's office.
13
What is qualified bribery under Article 211-A?
A law enforcement officer's acceptance of an offer, promise, gift, or present in consideration of refraining from arresting or prosecuting an offender for a crime punishable by reclusion perpetua or death under the provision.
14
What is corruption of public officials under Article 212?
Giving an offer, promise, gift, or present to a public officer under circumstances that make the public officer liable for direct or indirect bribery.
15
What is the distinction between direct and indirect bribery?
Direct bribery involves a statutory exchange connected to official conduct; indirect bribery involves acceptance of gifts by reason of office without the same required exchange.
16
What is the offense of prohibited transactions under Article 215?
A public officer's direct or indirect financial interest in a transaction in which the officer is prohibited by law from having such interest.
17
What is possession of prohibited interest by a public officer under Article 216?
Having an interest in a business, contract, or transaction that the officer is legally prohibited from holding under the article.
18
What is malversation through negligence under Article 217?
A responsible public officer's negligent conduct that permits another person to take public funds or property under the officer's custody.
19
What is the significance of accountability for public funds in malversation?
The accused must have the legally required responsibility or custody of the public funds or property.
20
What is technical malversation under Article 220?
Applying public funds or property appropriated by law or ordinance for a particular public purpose to a different public use.
21
What distinguishes technical malversation from ordinary malversation?
Technical malversation involves diversion to another public use; ordinary malversation concerns misappropriation, taking, or culpable loss of accountable public funds or property.
22
What is failure to render accounts under Article 218?
An accountable public officer's failure to render required accounts within the period and conditions specified by law.
23
What is illegal use of public funds or property under Article 220 also commonly called?
Technical malversation.
24
What is infidelity in the custody of documents under Article 226?
A public officer's removal, concealment, or destruction of officially entrusted documents under the article's requirements.
25
What is revelation of secrets by an officer under Article 229?
A public officer's disclosure of official secrets or delivery of papers or copies in circumstances prohibited by the article.
26
What is open disobedience under Article 231?
A judicial or executive officer's open refusal to execute a judgment, decision, or order of a superior authority within the article's requirements.
27
What is direct disobedience under Article 232?
A public officer's refusal, without lawful justification, to obey a lawful order of a superior issued within official authority.
28
What is abandonment of office or position under Article 238?
A public officer's abandonment of office to the detriment of public service under the conditions specified by law.
29
What is usurpation of legislative powers under Article 239?
An executive or judicial officer's unlawful assumption of powers belonging to the legislative branch.
30
What is usurpation of executive functions under Article 240?
A judge's unlawful assumption of functions belonging to executive authorities.
31
What is usurpation of judicial functions under Article 241?
An executive officer's unlawful assumption of judicial powers or obstruction of a judicial order under the article.
32
What is disobedience to an order of a superior officer when the order was suspended under Article 232?
A prohibited refusal to obey a lawful superior order, subject to the specific statutory elements and exceptions.
33
What is direct assault under Article 148?
Attacking, employing force, seriously intimidating, or seriously resisting a person in authority or agent while performing official duties or on the occasion of those duties, under the article's conditions.
34
What is indirect assault under Article 149?
Using force or intimidation against a person coming to the aid of an authority or agent during a direct assault.
35
What is resistance and disobedience under Article 151?
Resisting or seriously disobeying a person in authority or agent performing official duties, or committing the lesser resistance or disobedience penalized by the article.
36
What is the distinction between direct assault and resistance under Article 151?
Direct assault requires the attack, force, or serious intimidation or resistance covered by Article 148; Article 151 punishes conduct falling within its distinct elements.
37
What is alarm and scandal under Article 155?
Conduct disturbing public peace through acts specifically enumerated in Article 155.
38
What is delivering prisoners from jail under Article 156?
Removing a person confined in jail or a penal establishment, or helping the person's escape, under the article's requirements.
39
What is evasion of service of sentence under Article 157?
A convicted person serving a final sentence escapes from confinement or otherwise evades service under the statutory conditions.
40
What is evasion of service of sentence on the occasion of disorder under Article 158?
A convict escapes during specified calamities, catastrophes, or disorders and fails to surrender within the legally prescribed period.
41
What is violation of conditional pardon under Article 159?
A conditionally pardoned convict's violation of a condition of pardon under the circumstances specified by law.
42
What is the distinction between arbitrary detention and illegal detention?
Arbitrary detention is committed by a public officer or employee under Article 124; illegal detention under Articles 267 or 268 generally involves private offenders.
43
What is delay in the delivery of detained persons to proper judicial authorities under Article 125?
Failure by a public officer or employee to deliver a person lawfully detained without a warrant within the applicable statutory period.
44
What are the Article 125 delivery periods based on offense severity?
Twelve hours for offenses punishable by light penalties, eighteen hours for correctional penalties, and thirty-six hours for afflictive or capital penalties.
45
What is delaying release under Article 126?
A public officer's unlawful delay in carrying out a judicial or executive order for release, or in related legally required proceedings.
46
What is expulsion under Article 127?
A public officer's unlawful expulsion of a person from the Philippines or compulsion to change residence, outside circumstances authorized by law.
47
What is violation of domicile under Article 128?
A public officer's unlawful entry into a dwelling, search of papers or effects without required consent, or refusal to leave after a lawful request, under the article's conditions.
48
What is the significance of the phrase 'without judicial authority' in Article 128?
It helps identify conduct by a public officer that may constitute violation of domicile when the article's elements are present.
49
Scenario: A police officer intentionally detains a person without any legal ground. Which Revised Penal Code offense should be examined?
Arbitrary detention under Article 124.
50
Scenario: An accountable public officer uses funds appropriated for one public project to finance a different public project without lawful authority. What offense may apply?
Technical malversation under Article 220, if all statutory elements are established.
Réviser les 50 cartes gratuitement

Plus de flashcards : Droit et politique

P2 : chap 1 section 2 sur les prsn morales24 cartesDroit et politique · FrançaisLynePolitical parties17 cartesDroit et politique · AnglaischloeYu Midterm Essay Law13 cartesDroit et politique · AnglaisDiandreiConstitutional Law Structure172 cartesDroit et politique · AnglaisHannahCivil Procedure: Jurisdiction141 cartesDroit et politique · AnglaisHannahCivil Litigation: Basics96 cartesDroit et politique · AnglaisAshtonLEB 320: Business Law68 cartesDroit et politique · AnglaisBrookeDroit des personnes et de la famille - Concepts et définitions57 cartesDroit et politique · FrançaisAnthonyPhilippine Criminal Law (CLE-CLJ-005)50 cartesDroit et politique · AnglaisSANGALLAPOSC 437050 cartesDroit et politique · Anglaisalehuman rights38 cartesDroit et politique · AnglaisbwP1 : chap 2 section 232 cartesDroit et politique · FrançaisLyne

Tous les decks : Droit et politique

Révise ces decks dans l’app

Gratuit sur iPhone, Android, Mac et le web. Ajoute n’importe quel deck à ton compte en un tap.

Télécharger dans l’App StoreDisponible sur Google Play
Réviser les 50 cartes gratuitement