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COVERAGE 16.

ISL
PRIORITY 17. PRESCRIPTION
1. HUMAN SECURITY ACT 18. JUVENILE JUSTICE
2. TERRORISM FINANCING 19. TRUST
3. DANGEROUS DRUGS 20. ESTAFA
4. ENFORCED DISAPPEARANCES 21. ANTI CATTLE RUSTLING
5. CRIMES AGAINST INT HUM LAW 22. FORFEITURE
6. BP22 23. CODE OF CONDUCT
7. ANTIGRAFT 24. PD 46 GIFTS
8. ANTI MONEY LAUNDERING 25. CUSTODIAL
9. OBSTRUCTION 26. ANTI-HIJACKING
10. ARSON 27. USE OF ALIASES
11. ANTI-FENCING 28. ANTI DRUNK
12. PLUNDER 29. BANK SECRECY LAW
13. ANTI-CARNAPPING ACT 30. FOREIGN DEPOSITS ACT
14. ANTI-PIRACY 31. GOVT PROCUREMENT
15. ANTI FENCING 32. MENTAL HEALTH
33. DEVICE REGULATION
34. ANTI-ELECTRICITY AND ELECTRIC TRANSMISSION
NOT SO MUCH

legend
STEPH
KATH
BEDA
LAW ELEMENTS PUNISHABLE ACTS/PERSONS GENERAL NOTES
LIABLE (Penalty/Distinctive Provisions/ISL APPLICABLE? )
HUMAN SECURITY ELEMENTS: (AFP) PERSONS LIABLE (PCAA) IMPORTANT
ACT (RA 9372) 1. Offender commits an Act 1. PRINCIPAL 1. Before a charge for terrorism may be filed under RA
punishable under any of the 2. CONSPIRATOR- two or 9372, there must be a PREDICATE CRIME first actually
cited provisions of the RPC or more persons come to an committed.
SPL (predicate crimes) agreement together 2. Extraterritorial application of this ACt (Art 2, RPC)
2. Commission of the predicated concerning the commision 3. No person suspected/convicted shall be subject to
crime sows and creates a of the crime and terrorism extrajudicial rendition to any country unless his/her
condition of widespread and and decide to commit the statement is needed for terrorist related investigations
extraordinary fear and panic same in that country.
among the populace 3. ACCOMPLICE-Any person
3. Purpose is to coerce the who, not being a BENEFIT OF PAROLE UNDER ISL? - NO. - 40 years
government to give in to an principal/conspirator, imprisonment.
unlawful demand. cooperates in the execution
of either the crime of SURVEILLANCE/INTERCEPTION/RECORDING OF COMM
PREDICATE CRIMES terrorism or conspiracy to GR: ONLY UPON WRITTEN COURT ORDER (Sec 7,8)
1. Under the RPC (PReCK-MD) commit terrorism by Exc: lawyers and clients; doctors and patients, journalists and
a. Piracy and Mutiny previous simultaneous acts sources and confidential business correspondence shall not be
b. Rebellion/Insurrectio 4. ACCESSORY- who having allowed.
n knowledge of the crime and GROUNDS:
c. Coup d’etat without participated 1. probable cause to believe based on personal
d. Kidnapping/serious therein takes part in the knowledge of facts/circumstances that said crime of
illegal detention following manner terrorism/conspiracy to commit terrorism has been
e. Murder a. PROFITING committed, is being committed, or is about to be
f. Crimes Inv. HIMSELF/assisting committed.
Destruction the offender to 2. Probable cause that evidence essential to
2. Under the SPL profit by the effects conviction will be obtained
a. Illegal Possession of of the crime 3. No other effective means readily available for
Firearms b. CONCEALING or acquiring the same.
b. Law on Arson DESTROYING the EFFECTIVITY: 30 days, may be extended for another 30 days.
c. Anti-Piracy and Anti- body of the INADMISSIBILITY: If obtained in violation of this act.
Highway Robbery Act crime/effects/instr CRIME: Unauthorized/Malicious Interceptions and Recordings
d. Atomic Energy uments in order to against police/law enforcement officer who violates said
Regulatory and PREVENT provisions.
Liability Act DISCOVERY
e. Toxic Substances and c. Harboring/conceali PROSCRIPTION OF TERRORIST ORGANIZATIONS- Any
Hazardous Waste ng/assisting in the organization not organized for terrorism but actually uses
f. Anti-Hijacking Law escape of the acts to terrorize/coerce government= may be declared as
principal/conspirat terrorist/outlawed organization upon application with RTC.
or (Sec 17).
PERSONS NOT LIABLE
(EXC TO EXC: SEC 6: Still liable as PERIOD OF DETENTION [penalty for violation]
accessory by profiting/assisting 1. Without Judicial Warrant: Must deliver persons
the offender to profit) [SAD-LeRa] arrested before proper judicial authorities within 3
1. Spouses days. [10-12 years imprisonment]
2. Ascendants 2. Actual/Imminent Terrorist Attack- suspects may
3. Descendants not be detained for more than 3 days without
4. Legitimate, natural, adopted written approval from Human Rights
siblings Commission/judge/justice nearest place of arrest.
5. Relatives by affinity within [municipal,city,provincial, regional, CA]
the same degree a. If Sunday/holiday- bring to the residence of
the aforementioned people
PUNISHABLE ACTS
1. Terrorism RIGHTS OF PERSONS IN INTERESTS/SUSPECTS/ACCUSED
2. Conspiracy to commit 1. ACCUSED STILL ENTITLED TO CUSTODIAL
terrorism RIGHTS. [10 years 1 day-12 years]
3. Failure to deliver suspect to 2. NO TORTURE OR COERCION IN INVESTIGATION
proper judicial authority AND INTERROGATION (SEC 24) [12 yrs, 1 day-20
4. Violations of the rights of years]
detainee 3. Bail (evid not strong)
5. Threat, intimidation, 4. Limited right to travel within city/municipality
coercion or torture in where he resides or get permission from court. (Sec
investigation and 26)
interrogation of a detained
person EXAMINATION OF BANK RECORDS/DEPOSITS
6. Unauthorized/malicious 1. person charged with or suspected of crime of
examination of a terrorism/conspiracy to commit terrorism
bank/financial ins 2. Any judicially declared and outlawed group of
7. Defiance by bank persons
officer/employee to court 3. Any member of said organizations
authorization How issued: Only upon ex parte application with CA and an
8. False, untruthful order will only be issued if they are satisfied of the existence
statements/misreps of of probable cause,
material facts in joint Penalty for Bank Officials/Employees Defying Court
affidavits Authorization: 10 years, 1 day-12 years imprisonment.
9. Unjustified refusal to
restore seized properties SEIZURE/SEQUESTRATION
10. Loss, misuse, of said ● Accused may withdraw amount needed to meet the
properties needs of family/services of counsel/medical needs
11. Infidelity in custody of of family upon approval of court
detained persons ● NATURE: Held in trust by bank/financial ins. during
12. Unauthorized revelation if pendency of investigation.
classified materials ● FOUND INNOCENT: Released to him without need
13. Furnishing false evidence of further action on his part. + LIQUIDATED
DAMAGE (500K a day for period in which his
properties were seized [lol????])
● CONVICTED: confiscated In favor of the State.

PROSECUTION UNDER THIS ACT SHALL BE A BAR TO


ANOTHER PROSECUTION UNDER THE RPC/SPL
When a person has been prosecuted under a provision of this
Act, upon a valid complaint or information or other
formal charge sufficient in form and substance to sustain
a conviction and after the accused had pleaded to the
charge, the acquittal of the accused or the dismissal of the
case shall be a bar to another prosecution for any offense
or felony which is necessarily included in the offense
charged under this Act. (Sec. 49)

DAMAGES FOR UNPROVEN CHARGE OF TERRORISM (50):


entitled to the payment of damages in the amount of Five
hundred thousand pesos (P500,000.00) for every day that
he or she has been detained or deprived of liberty or
arrested without a warrant as a result of such an accusation.

APPLICABILITY OF RPC: Provisions of Book 1 (Sec 52)

GOV AGENCY: ANTI-TERRORISM COUNCIL (ATC)


TERRORISM ELEMENTS OF Financing of PERSONS LIABLE: (no express list IMPORTANT NOTES:
FINANCING terrorism- in Beda/book; compiled based on 1. FOR PURPOSES OF THIS ACT, knowledge or intent
PREVENTION AND a. Any person who, directly or provisions of the law) may be established by direct evidence or inferred
SUPPRESSION (RA indirectly, willfully and (1) PRINCIPAL from the attendant circumstances.
10168) without lawful excuse, a. Any person who finances 2. To constitute violation, it shall NOT BE NECESSARY
b. possesses, provides, collects terrorism that the funds were actually used to carry out
or uses property or funds or b. Any person who organizes terrorist acts.
makes available property, or directs others to commit 3. Financing of terrorism, attempt and conspiracy to
funds or financial service or financing of terrorism commit financing and dealing with the property and
other related services, by any (2) ACCOMPLICE: funds of designated persons, being accomplices and
means, a. Not a principal/conspirator accessories in said crimes shall be PREDICATE
c. with the unlawful and b. Cooperates in execution of OFFENSES TO MONEY LAUNDERING. (p.432)
willful intention that they either crime to commit 4. NOTWITHSTANDING THE BANK SECRECY
should be used or with the financing/conspiracy to LAW/FOREIGN DEPOSIT ACT, the AMLC is
knowledge that they are to commit financing authorized to inquire into/examine deposits with
be used, in full or in part: c. By previous/simultaneous any banking institution/non-banking financial ins.
(a) to carry out or facilitate the acts WITHOUT A COURT ORDER (SEC. 10)
commission of any terrorist (3) ACCESSORY
act; a. Have knowledge but TERRORISTS- natural person / if organization: TERRORIST
(b) by a terrorist organization, without participating ORGANIZATION (Sec 3 (i/k))
association or group; or therein (1) who commits/attempts/conspire to commit
(c) by an individual terrorist b. Takes part subsequent to terrorist acts by any means, directly or indirectly,
its commission by unlawfully/willfully
TERRORIST ACTS: [34-ADS-ST) i. profiting/assisting (2) Participates, as a principal or as an accomplice, in
1. Any act in violation of Section principals to profit terrorist acts
3 (Terrorism) or Section 4 ii. Concealing/destroyin (3) Organizes or directs others to commit terrorist acts
(conspiracy to Commit g effects of crime to (4) Contributes to the commission by a group of persons
Terrorism) of the Human prevent discovery acting with a common purpose where the
Security Act of 2007; iii. Harboring/concealing contribution is made intentionally and with the aim
2. Any other act intended to /facilitating escape of of furthering the terrorist act/with knowledge of
cause death or serious bodily principal. intention of the group to commit a terrorist act.
injury to a civilian, or to any (4) CONSPIRACY: Conspiracy to
other person not taking an commit financing DESIGNATED PERSONS (Sec 3 (e))
active part in the hostilities (5) Attempt to commit financing (1) any person or entity designated and/or identified
in a situation of armed (6) Any person WHO NOT BEING as a terrorist, one who finances terrorism, or a
conflict, when the purpose of AN ACCESSORY/ACCOMPLICE terrorist organization or group under the
such act, by its nature or in relation to any property or applicable United Nations Security Council
context, is to intimidate a fund Resolution or by another jurisdiction or
population, or to compel a a. deals directly/indirectly, in supranational jurisdiction;
government or an any way and any means (2) any organization, association, or group of
international organization to with any property he persons proscribed pursuant to Section 17 of the
do or to abstain from doing KNOWS/REASONABLE Human Security Act of 2007; or
any act; GROUND TO BELIEVE is (3) any person, organization, association, or group of
3. Any act which constitutes an owned/controlled by ipersons whose funds or property, based on
offense under this Act, that is designated probable cause are subject to seizure and
within the scope of any of the persons/organizations sequestration under Section 39 of the Human
following treaties of which b. Makes available any Security Act of 2007.
the Republic of the property/funds/financial
Philippines is a State party services to a designated RELATIONSHIP WITH THE RPC: BOOK 1 ALSO
(Suppression of Unlawful Seizure of and/or identified person, APPLICABLE. ; apply suppletory (Sec 21)
Aircraft; Suppression of Unlawful Acts
against the Safety of Civil Aviation; organizations et.al
Prevention and Punishment of Crimes EXTRATERRITORIAL APPLICATION (ART 2, RPC, p. 433).
against Internationally Protected Persons, IF COMMITTED BY A JURIDICAL
including Diplomatic Agents;
International Convention against the PERSON, the penalty shall be GOVERNING INSTITUTIONS:
Taking of Hostages; Physical Protection of imposed upon its responsible (1) AMLC- Anti Money Laundering Council: Upon its
Nuclear Material; Unlawful Acts against officers, as the case may be, own initiative/request of ATC,
the Safety of Maritime Navigation;
International Convention for the (1) Who participated in, a. it is authorized to investigate
Suppression of Terrorist Bombings et.al) (2) Or allowed by their gross i. Any property/fund related to
negligence the commission financing of terrorism or acts of
of the crime terrorism
(3) Who shall have knowingly ii. Property/funds of any
permitted person/persons in relation to
(4) Or have failed to prevent its whom there is probable cause to
commission. believe that such person/persons
The court may also are
suspend/revoke the license of the committing/attempting/conspiring
business. to commit/participating or
facilitating the financing of
IF COMMITTED BY AN ALIEN, terrorism/acts of terrorism.
In addition to the penalties provided b. May enlist the help of any branch of
herein, he shall be deported government including GOCCs.
without further proceedings after c. Authority to FREEZE without delay
serving the penalties provided. DURATION: 20 DAYS, may be extended up to a period
of 6 months upon order of the CA provided
that 20 day period shall be TOLLED upon
OTHER PUNISHABLE filing of petition to extend.
ACTS/ELEMENTS i. Property/funds that are in any way
(7) Organizing or directing related to the crime of
others to commit financing financing/acts of terrorism
of terrorism ii. Property/funds of any
(8) Attempt to commit person/persons in relation to
financing terrorism and whom there is probable cause to
dealing with property or believe that such person/persons
funds of designated are
persons (2 degrees lower) committing/attempting/conspiring
(9) Conspiracy to commit to commit/participating or
financing/dealing with facilitating the financing of
property or funds which terrorism/acts of terrorism.
shall be penalized by the d. May also freeze any property/funds of
same penalty for designated persons/associations to comply
commission. with binding terrorism-related resolutions
(10) Failure by (UN Security Council et.al)
responsible officer to i. DURATION: till basis of issuance
comply with freeze order have been lifted
issued by AMLC. ii. REMEDY: within 20 days, file with
CA a petition to determine the basis
PENALTY: of freeze order.
(1) Financing of Terrorism- iii. IF FOUND RELATED TO
Reclusion temporal in max FINANCING/ACTS OF TERRORISM
to reclusion perpetua + fine IN THE PHILIPPINE, subject to
of not less than 500K nor CIVIL FORFEITURE.
more than 1M, e. Defer the issuance of freeze order for as
(2) CONSPIRATOR/ACCESSOR long as necessary for any specific
Y: two degrees lower than investigatory/prosecutorial purposes. (Sec
principal 12)
(3) ACCOMPLICE: one degree
lower than conspirator (2) ATC- Anti-Terrorism Council

HUMANITARIAN EXEMPTIONS: Person may withdraw such


funds as the court determines to be reasonably needed
for
(1) Monthly family needs and sustenance
(2) Services of counsel
(3) Family medical needs.

EXTRADITION (SEC 20): the PH, at its option, subject to the


principle of reciprocity consider the International Convention
for the Suppression of Financing of Terrorism as a legal basis
for requesting/granting extradition under this act.
BP 22 TWO WAYS TO VIOLATE BP 22: PERSON LIABLE NATURE OF THE OFFENSE: malum prohibitum
“BOUNCING CHECKS 1. By making or drawing and ● Only the drawer.
LAW” issuing a check to apply on ● If the drawer was a juridical GRAVAMEN: the act of issuing a worthless check or a check that
account or for value knowing entity, its officer who signed is dishonored upon its presentment for payment.
at the time of issue that the the check shall be liable. ● Even if there has been payment. there could still be
check is not sufficiently ● Indorser is not liable prosecution
funded; and ● What the law punishes is the issuance of a bouncing
2. By having sufficient funds in or PENALTY check, not the purpose for which it was issued.
credit with the drawee bank ● Imprisonment of not less ○ Cannot claim that the checks were not
but failing to keep sufficient than 30 days but not more intended to be encashed or deposited in a
funds or to maintain a credit to than 1 year OR by a fine of bank.
cover the full amount of the not less than but not more ○ Still punished even though the checks have
check when presented to the than double the amount of been issued to guarantee another person’s
drawee bank within 90 days. the check but not more obligation.
ELEMENTS - 1st Way: (Mid-KD) than double the amount of
1. Making, Drawing, and Issuing the check — which shall in CONTINUING CRIME; venue is determined by the place
any check to apply to account no case exceed P200,000, where the elements of making, issuing, or drawing
or for value; OR BOTH such fine and ● What is decisive importance is the delivery of the
2. Knowledge of the maker, imprisonment. check.
drawer, or issuer that at the ● Delivery - the final act essential to its consummation as
time of issue he does not have RE: ADMINISTRATIVE CIRCULAR an obligation. (NIL: Issuance is the first delivery of the
sufficient funds in or credit 13-2001 check)
with the drawee bank for the ● Clarified that the SC did not
payment of the check in full remove imprisonment as an KNOWLEDGE OF INSUFFICIENCY OF FUNDS IS PRESUMED
upon its presentment; alternative penalty. FROM THE DISHONOR OF THE CHECK FOR INSUFFICIENCY
3. Subsequent Dishonor of the ● Rule of preference: Where OF FUNDS.
check by the drawee bank for the circumstances of both ● But such presumption is rebuttable by contrary
insufficiency of funds or credit, the offense and the offender evidence.
or dishonor of the check for the clearly indicate good faith ● The prosecution is duty-bound to prove every element
same reason had not the or a clear mistake of fact of the offense charged, and not merely rely on a
drawer, without any valid without taint of rebuttable presumption.
cause, ordered the bank to stop negligence, the imposition ● A notice of dishonor actually received by the accused
payment. of FINE alone should be will give rise to the presumption of knowledge, among
ELEMENTS - 2nd Way: (S90D5) considered the more other requirements.
1. That a person has Sufficient appropriate penalty.
funds with the drawee bank ● Judges may exercise sound The following conditions establish a prima facie presumption of
when he makes or draws and discretion in determining knowledge of insufficiency of funds:
issues a check. whether the imposition of 1. The check is presented within 90 days from the date of
2. That he fails to keep sufficient fine alone would better the check;
funds or to maintain a credit to serve the interests of justice 2. The maker or drawer of the check receives a notice of
cover the full amount if or whether forbearing to dishonor by the drawee; and
presented within a period of impose imprisonment 3. The drawer or maker fails to pay the holder of the
90 days from the date would depreciate the check the amounts thereon, or make arrangements for
appearing thereon; seriousness of the offense, payment in full within 5 banking days.
3. That the check is Dishonored etc.
by the drawee bank; and RECEIPT OF NOTICE OF DISHONOR
4. After receiving such written What happens incase of ● This is indispensable for conviction.
notice and demand, refuses or insolvency to pay the fine? ● FORM: Must be in writing and properly
fails to pay the value of the ● Subsidiary imprisonment authenticated
check within 5 banking days. will be imposed, even if it is ○ Not enough: oral notice, receipts for registered
not in the SPL. letters, return receipts, registry card with
● However, the decision must unauthenticated signature
explicitly state that ● BURDEN OF PROOF: Person alleging that the notice
subsidiary penalty shall be was served must prove the fact of service — quantum
served in case of insolvency of proof: beyond reasonable doubt
because it is not an ● HOW TO PROVE?
accessory penalty that goes ○ Service made through registered mail is proved
with the principal penalty. by registry receipt issued by the mailing
office and an affidavit of the person mailing
○ An affidavit of proof of service
(Above 2 are required in civil cases. Boado:
More reason to apply in criminal cases)
○ Must appear that the notice by mail was served
on the addressee or a duly authorized agent of
the addressee.
● IN CASE OF CORPORATIONS: NOD should be personal
to the maker. Notice to the corporation is not notice to
the officer.
RELATED CASES (cited by Atty. Dy):
● The positive testimony of the complainant that the
notice of dishonor was personally delivered to the
accused but the latter refused to accept/receive was a
sufficient evidence ofservice. In this case, the lower
courts gave credence to the testimony as well, which
the Court uphneld (Mitra v. People G.R. 191404, July 5,
2010)
● There was no proof of receipt of notice of dishonor BUT
the Court still held that there is knowledge due to the
actuations of the accused. He went to the bank, offered
a compromise, and attached receipts including the
notice of dishonor. This already amounted to admission
that he received the notice.
RELEVANT PERIODS:
1. 90 days — Maker or issuer must maintain sufficient
funds within this period to destroy the prima facie
presumption of knowledge of insufficiency of funds to
back up the check
a. The maker should maintain sufficient funds
EVEN BEYOND the 90 days until the check
becomes stale (after 180 days).
b.
2. 180 days — Payee must deposit or encase the check,
otherwise the check becomes STALE or valueless.
a. No criminal action can then arise after the
lapse of this period. Only civil liability remains
3. 5 banking days — The maker or issuer must make
arrangements to make good the check to escape
criminal liability
a. This is a complete defense.

IN RELATION TO THE RPC


● Sec. 5: The prosecution under BP 22 is without
prejudice to any liability for violation of any
provision in the RPC.
● In a case, Art. 11 (5) of the RPC (justifying
circumstance of lawful exercise of a right) was
suppletorily applied by the Court and held that it was a
valid defense when the petitioner withheld payment of
check in exercise of his right as a buyer under PD 957
(law on regulating sale of subdivision lots).

BP 22 Estafa by
postdating check
under the RPC

Check is LIABILITY IS NO LIABILITY. The


issued for a INCURRED. check should be
pre- issued concurrently
existing and reciprocally in
oblgation payment of the
exchange
consideration and
not for a pre-existing
obligation

Damage or IMMATERIAL These are essential


Deceit elements

Type of AGAINST PUBLIC AGAINST PROPERTY


Crime INTEREST

Persons Drawer Not only the drawer


liable but even the
indorsee may incur
liability if he were
aware at the time of
the indorsement of
the insufficiency of
funds.

Period 5 BANKING DAYS 3 CALENDAR DAYS


given to from notice of after notice of
make good dishonor dishonor
the cash
value

Nature Malum prohibitum Malum in se

IN RELATION TO THE CIVIL CODE


No compensation when the petitioner and respondent are not
mutually and principally bound as creditors and debtors.
ANTI-GRAFT LAW
VG-PEUN-DIILD

1. Persuading, inducing or
influencing another public
officer to perform an act
constituting a Violation of rules
and regulations duly
promulgated by competent
authority or an offense in
connection with the official
duties of the latter, or allowing
himself to be persuaded,
induced, or influenced to
commit such violation or
offense.
2. (b) Directly or indirectly
requesting or receiving any Gift,
present, share, percentage, or
benefit, for himself or for any
other person, in connection with
any contract or transaction
between the Government and
any other part, wherein the
public officer in his official
capacity has to intervene under
the law.
3. Directly or indirectly requesting
or receiving any gift, present or
other pecuniary or material
benefit, for himself or for
another, from any person for
whom the public officer, in any
manner or capacity, has secured
or obtained, or will secure or
obtain, any Government Permit
or license, in consideration for
the help given or to be given,
without prejudice to Section
thirteen of this Act.
4. Accepting or having any
member of his family accept
Employment in a private
enterprise which has pending
official business with him
during the pendency thereof or
within one year after its
termination.
5. (e) Causing any Undue injury to
any party, including the
Government, or giving any
private party any unwarranted
benefits, advantage or
preference in the discharge of
his official administrative or
judicial functions through
manifest partiality, evident bad
faith or gross inexcusable
negligence. This provision shall
apply to officers and employees
of offices or government
corporations charged with the
grant of licenses or permits or
other concessions.
6. Neglecting or refusing, after due
demand or request, without
sufficient justification, to act
within a reasonable time on any
matter pending before him for
the purpose of obtaining,
directly or indirectly, from any
person interested in the matter
some pecuniary or material
benefit or advantage, or for the
purpose of favoring his own
interest or giving undue
advantage in favor of or
discriminating against any other
interested party.
7. Entering, on behalf of the
Government, into any contract
or transaction manifestly and
grossly Disadvantageous to the
same, whether or not the public
officer profited or will profit
thereby.
8. Director or indirectly having
financing or pecuniary Interest
in any business, contract or
transaction in connection with
which he intervenes or takes
part in his official capacity, or in
which he is prohibited by the
Constitution or by any law from
having any interest.
9. Directly or indirectly becoming
Interested, for personal gain, or
having a material interest in any
transaction or act requiring the
approval of a board, panel or
group of which he is a member,
and which exercises discretion
in such approval, even if he
votes against the same or does
not participate in the action of
the board, committee, panel or
group.

Interest for personal gain shall


be presumed against those
public officers responsible for
the approval of manifestly
unlawful, inequitable, or
irregular transaction or acts by
the board, panel or group to
which they belong.

10. Knowingly approving or


granting any License, permit,
privilege or benefit in favor of
any person not qualified for or
not legally entitled to such
license, permit, privilege or
advantage, or of a mere
representative or dummy of one
who is not so qualified or
entitled.
11. Divulging valuable information
of a confidential character,
acquired by his office or by him
on account of his official
position to unauthorized
persons, or releasing such
information in advance of its
authorized release date.

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