[Answer / discuss the question below. Or see 2014 bar exam Criminal Law Instructions; 2014 Commercial Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]
Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court, that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money, through his lawyer, to the clerk of court.
The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. (4%)
(A) Malo was charged with violation of Section 3(b), Republic Act (R.A.) No. 3019, which prohibits a public officer from directly or indirectly requesting or receiving any gift, present, share percentage or benefit wherein the public officer, in his official capacity, has to intervene under the law. He was later charged also with indirect bribery under the Revised Penal Code. Malo claims he can no longer be charged under the Revised Penal Code for the same act under R.A. 3019. Is he correct?
(B) Malo was charged with estafa under Article 315 because he misrepresented that he had influence, when he actually had none. Is the charge correct?