Legal Concepts of Quasi-Recidivism

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Questions and Answers

What constitutes solicitation of a gift or promise in a public auction?

There must be a private auction involved.

The accused must have a legal contract with the auctioneer.

The accused must receive a gift or promise from a bidder. (correct)

The accused must directly participate in the auction.

What is the penalty for a person who attempts to manipulate bidding in an auction?

A fine of 100 to 200 pesos only.

A lifetime ban from participating in any auctions.

Prision correccional in its minimum period and a fine of 10 to 50 percent of the auction value. (correct)

Imprisonment for a minimum of two years.

What actions constitute monopolistic practices according to the content?

Offering discounts to drive competitors out of business.

Taking part in any local market activities.

Entering into agreements that restrain trade or commerce. (correct)

Forming conspiracies to maintain free market competition.

What is one of the penalties for monopolizing merchandise?

A fine ranging from 200 to 6,000 pesos. Signup and view all the answers

What intent must the accused have for the solicitation of gifts in an auction to be penalized?

To reduce the price of the item being auctioned. Signup and view all the answers

What is the maximum allowable difference in karats that can be misrepresented for gold articles?

More than one-half karat Signup and view all the answers

What penalties can be imposed for highly scandalous conduct that offends decency or good customs?

Arresto mayor and public censure Signup and view all the answers

Which of the following is NOT included in the offenses against decency and good customs?

Illegal gambling Signup and view all the answers

What is the penalty for those who publicly proclaim doctrines contrary to public morals?

Prision mayor or hefty fines Signup and view all the answers

For watch cases made of gold, what is the maximum fineness discrepancy that can be allowed?

Three one-thousandths Signup and view all the answers

Which of the following acts is considered offensive to morals under this code?

Exhibiting films that glorify criminal acts Signup and view all the answers

According to the regulations, which individuals face penalties for producing obscene literature?

Authors, editors, and establishment owners Signup and view all the answers

What specific conditions can make a film, scene, or act indecent or immoral?

Condoning crimes or promoting violence and pornography Signup and view all the answers

What is the maximum penalty for murder according to the discussed provisions?

Death penalty Signup and view all the answers

What circumstance cannot offset quasi-recidivism?

Ordinary mitigating circumstance Signup and view all the answers

Under what condition can a quasi-recidivist be pardoned?

At the age of 70 years Signup and view all the answers

What penalty is imposed for forging the Great Seal of the Government of the Philippines?

Reclusion temporal Signup and view all the answers

Which of the following actions is NOT punished under Article 161?

Forging a government employee's signature Signup and view all the answers

What effect does being a minor under 16 years old have on the imposed penalty?

Penalty is lowered by one degree Signup and view all the answers

What must occur before a quasi-recidivist can be considered for pardon?

Serve their original sentence Signup and view all the answers

Which of the following is a privilege mitigating circumstance?

Minority Signup and view all the answers

What action does R.A. No. 10158 prescribe for pending cases on vagrancy?

All pending cases must be dismissed Signup and view all the answers

Why is the vagrancy provision in Article 202 considered anti-poor?

It misunderstands vagrants as victims of societal structure Signup and view all the answers

Under what condition is a person considered a prostitute according to the definition provided?

Habitually engaging in sexual intercourse or lascivious conduct for profit Signup and view all the answers

What does Article 203 define as a public officer?

Any individual performing public functions by direct law, election, or appointment Signup and view all the answers

Which group is specifically mentioned as facing discrimination under the vagrancy law?

Women suspected of prostitution Signup and view all the answers

What is not a requirement to be classified as a public officer?

Holding a specific title or rank Signup and view all the answers

What must occur before a minor charged under Article 102 can be dealt with?

Undergo counselling and treatment Signup and view all the answers

Which statement is accurate regarding the prostitution definition provided?

Lascivious conduct alone suffices for classification Signup and view all the answers

What is necessary for the offense of publishing obscene literature to be committed?

Publicity of the publication Signup and view all the answers

What does the term 'indecency' imply in the context of obscenity?

An act against good behavior Signup and view all the answers

Who is liable for publishing obscene literature?

The author if published with their knowledge Signup and view all the answers

Which of the following is NOT considered a vagrant under Article 202?

A person with a visible means of support Signup and view all the answers

Which characteristic defines a 'prostitute' according to Article 202?

A person engaging in sexual conduct for money Signup and view all the answers

What is the penalty for a person found guilty of vagrancy according to Article 202?

Fines ranging from 200 to 2,000 pesos or imprisonment Signup and view all the answers

According to the obscenity test, what influences the determination of material as obscene?

The impact on those predisposed to immoral influences Signup and view all the answers

What is the maximum fine for a person guilty of offenses under Article 202 upon recidivism?

2,000 pesos Signup and view all the answers

Study Notes

Quasi-Recidivism

A person who commits another crime while serving a sentence is a quasi-recidivist
If the convict serving the sentence is a minor under 16, the penalty can be lowered by at least one degree
A quasi-recidivist may be pardoned at the age of 70
A quasi-recidivist must be pardoned when they reach the age of 70 and have already served their sentence
If a quasi-recidivist is not deemed worthy of clemency, they will not be pardoned
Only convicts who are not habitual criminals will be pardoned
Quasi-recidivism can not be offset by any ordinary mitigating circumstance

Forging the Great Seal

The penalty for forging the Great Seal of the Government of the Philippines, or the signature or stamp of the Chief Executive is reclusion temporal
The Chief Executive means the President

Offenses Against Public Auction

It is illegal to solicit any gift or promise as a consideration for refraining from taking part in any public auction.
It is also illegal to attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice with intent to cause the reduction of the price of the thing auctioned.
The penalty for these offenses includes prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Monopolies and Restraint of Trade

It is illegal to enter into any contract or agreement, take part in any conspiracy or combination, or monopolize merchandise in order to restrain free competition in the market.
The penalty is prision correccional in the minimum period, or a fine ranging from 200 to 6,000 pesos, or both

Grave Scandal and Public Decency

The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.

Immoral Doctrines, Obscene Publications, and Exhibitions

The penalty of prision mayor or a fine ranging from Twenty thousand pesos (P20,000) to Two hundred thousand pesos (P200,000), or both such imprisonment and fine, shall be imposed upon:
- Those who shall publicly expound or proclaim doctrines openly contrary to public morals
- Authors of obscene literature, editors, and owners/operators of establishments selling obscene literature
- Those who exhibit indecent or immoral plays, scenes, acts, or shows in theaters, fairs, cinematographs, or any other place, whether live or in film, which are
  - Glorifying criminals or condoning crimes;
  - Serving no other purpose but to satisfy the market for violence, lust or pornography;
  - Offending any race or religion;
  - Tending to abet traffic in and use of prohibited drugs; and
  - Contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts.
- Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals.

Obscene Literature

The offense of obscene publications or exhibitions is committed only when there is publicity
The word “moral” implies conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically, to sexual conduct
The author of obscene literature is liable only when it is published with their knowledge
The editor who publishes obscene literature is always liable
The word "obscene" means something offensive to chastity, decency, or delicacy

Vagrancy and Prostitution

Vagrants include:
- Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply themselves to some lawful calling
- Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support
- Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes
- Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose
- Prostitutes
A woman is considered a prostitute when she habitually indulges in sexual intercourse or lascivious conduct for profit
RA No. 10158 Decriminalized vagrancy

Public Officers

A public officer is defined as anyone who, by direct provision of law, popular election, or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform public duties as an employee, agent or subordinate official, of any rank or class, in said Government or in any of its branches.
This definition encompasses every public servant from the highest to the lowest
To be a public officer, one must be taking part in the performance of public functions in the Government, or performing public duties as an employee, agent or subordinate official of any rank or class, and their authority to take part in the performance of public functions or to perform public duties must be granted by direct provision of the law, popular election, or appointment by competent authority.

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Description

This quiz explores key legal concepts surrounding quasi-recidivism, including penalties and pardoning conditions for quasi-recidivists. Additionally, it delves into the legal ramifications of forgery and offenses related to public auctions. Test your understanding of these important legal principles.