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    CRIMLAW2 QUIZ - June Karl Z. Cepida

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    June Karl Cepida
    This document contains a quiz on Criminal Law 2 with 5 multiple choice questions. Question 1 defines the terms malfeasance, misfeasance, and nonfeasance. Question 2 defines who qualifies as a public officer and how the crime of dereliction of duty is committed. Question 3 distinguishes between direct bribery, indirect bribery, and qualified bribery. Question 4 distinguishes between malversation and technical malversation. Question 5 presents a hypothetical scenario and determines if the person in the scenario would be liable for grave scandal.

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    CRIMLAW2 QUIZ - June Karl Z. Cepida

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    June Karl Cepida
    53 views3 pages
    This document contains a quiz on Criminal Law 2 with 5 multiple choice questions. Question 1 defines the terms malfeasance, misfeasance, and nonfeasance. Question 2 defines who qualifies as a public officer and how the crime of dereliction of duty is committed. Question 3 distinguishes between direct bribery, indirect bribery, and qualified bribery. Question 4 distinguishes between malversation and technical malversation. Question 5 presents a hypothetical scenario and determines if the person in the scenario would be liable for grave scandal.

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    my answers to our quiz rpc title 6 and 7

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    This document contains a quiz on Criminal Law 2 with 5 multiple choice questions. Question 1 defines the terms malfeasance, misfeasance, and nonfeasance. Question 2 defines who qualifies as a public officer and how the crime of dereliction of duty is committed. Question 3 distinguishes between direct bribery, indirect bribery, and qualified bribery. Question 4 distinguishes between malversation and technical malversation. Question 5 presents a hypothetical scenario and determines if the person in the scenario would be liable for grave scandal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    53 views3 pages

    CRIMLAW2 QUIZ - June Karl Z. Cepida

    Uploaded by

    June Karl Cepida
    This document contains a quiz on Criminal Law 2 with 5 multiple choice questions. Question 1 defines the terms malfeasance, misfeasance, and nonfeasance. Question 2 defines who qualifies as a public officer and how the crime of dereliction of duty is committed. Question 3 distinguishes between direct bribery, indirect bribery, and qualified bribery. Question 4 distinguishes between malversation and technical malversation. Question 5 presents a hypothetical scenario and determines if the person in the scenario would be liable for grave scandal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    June Karl Z.

    Cepida JD1 – LO1 March 19, 2020

    Criminal Law 2
    UNIVERSITY OF NEGROS OCCIDENTAL-RECOLETOS
    March 19, 2020
    QUIZ

    1. Define malfeasance, misfeasance and nonfeasance.


    Malfeasance is doing an act which a public officer should not have
    done.
    Misfeasance is the improper doing of an act which a person might
    lawfully do.
    Nonfeasance is failure of an agent to perform his undertaking for
    the principal.

    2.
    a. Who is a public officer?
    A public officer is the one taking part in the performance of public
    functions in the government, performing in said government or in any
    of its branches public duties as an employee, agent or subordinate
    official, or rank or class. His authority to take part in the performance of
    public functions or to perform public duties must be by direct provision
    of the law, popular election, or by appointment by competent
    authority.
    b. How is the crime of Dereliction of Duty committed?
    Dereliction of Duty is committed when a judge, public officer, or
    attorney deliberately or accidentally failed to do what they should do as
    a part of their job.
    Articles 204 until 209 of the Revised Penal Code are examples of
    Dereliction of Duty, namely; Judges that renders unjust judgments due
    to their own discretion or inexcusable negligence or ignorance; public
    officers knowing the commission of the crime and does not cause the
    prosecution of the criminal or knowing that a crime is about to be
    committed and tolerates its commission; betrayal of trust by an
    attorney or a solicitor, like revealing any of the secrets of his client
    learned by him in his professional capacity.

    3. Distinguish Direct Bribery, Indirect Bribery and Qualified Bribery.


    The principal distinction between direct and indirect bribery is
    that in the former, the officer agrees to perform or refrain from doing
    an act in consideration of the gift or promise while in the latter case, it
    is not necessary that the officer do any act, it is sufficient that he
    accepts the gift offered by reason of his office. The penalty is qualified if
    the public officer is the one who asks or demands such present.

    4. Distinguish Malversation from Technical Malversation.


    Malversation is committed by an officer who has a custody or
    control of funds or property by reason of the duties of his office for
    which he is accountable and then appropriated, took, misappropriated
    or consented or, through abandonment or negligence, permitted
    another person to take them while Technical Malversation, otherwise
    known as illegal use of public funds or property, is committed when a
    public officer applies the public funds or property under his
    administration to another public use, different from that for which the
    public fund was appropriated by law or ordinance.

    5. Ms. X lives in a penthouse in Makati City. Every day, she goes out
    and swim naked in her own private pool. Unknown to her, the
    executives of the company in an adjacent condominium watch her
    swimming naked through the use of binoculars. Is Ms. X liable for grave
    scandal?

    No, Ms. X is not liable for grave scandal.

    Article 200 of the Revised Penal Code states that crime of Grave
    Scandal is committed when highly scandalous conduct is committed by
    a person in a public place or within the public knowledge or view.

    In the case at bar, Ms. X is doing the act on her own private pool,
    preferably located at her own home. The use of viewing devices like
    binoculars suggests that the act could not be viewed by the public eye
    in normal terms. There is also the detail that she is not aware that she
    can be seen by other people, this concludes that she did not intend for
    the public to see her in that act.

    Therefore, Ms. X is not liable for the crime of grave scandal.

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