Practice question
A Philippine public officer stationed abroad is alleged to misappropriate public funds entrusted for official use. On a separate day, the same officer commits a wholly private offense unrelated to official functions. No other extraterritorial basis is present. Which analysis is correct under Article 2(4)?
- Official status automatically covers both acts without examining functions.
- Neither act can ever fall under Article 2 because both occurred abroad.
- The private act automatically becomes official because the offender holds office.
- The official-funds offense may fall within the functional category, while office alone does not bring the unrelated private act within that same category.
- Foreign location automatically dissolves public office.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Article 2.
- 1987 Constitution, Article I: https://lawphil.net/consti/cons1987.html
Answer this question in flashcards to review your response and continue practicing.