F. Crimes committed by public officers

Frequency: ★★★★★

CHAPTER 1: PRELIMINARY PROVISIONS

a. CONCEPT OF PUBLIC OFFICERS

PUBLIC OFFICERS: For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer. (Article 203, Act No. 3815, Revised Penal Code)

CHAPTER 2: MALFEASANCE AND MISFEASANCE IN OFFICE

Section 1 – Dereliction of duty

1. Knowingly rendering unjust judgment

a. CONCEPT

Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification. (Article 204, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a judge; and,

2) He knowingly renders an unjust judgment in any case submitted to him for decision

2. Judgment rendered through negligence

a. CONCEPT

Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification. (Article 205, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a judge;

2) He rendesr a manifestly unjust judgment in any case submitted to him for decision; and,

3) He commits such acts by reason of inexcusable negligence or ignorance.

3. Unjust interlocutory order

a. CONCEPT

Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension. (Article 206, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1st Mode

1) The offender is a judge; and,

2) He knowingly renders an unjust interlocutory order or decree.

2nd Mode

1) The offender is a judge; and,

2) He acted by reason of inexcusable negligence or ignorance; and,

3) The interlocutory order or decree be manifestly unjust.

4. Malicious delay in the administration of justice

a. CONCEPT

The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice. (Article 207, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a judge; and,

2) He is guilty of malicious delay in the administration of justice.

5. Prosecution of offenses; negligence and tolerance

a. CONCEPT

The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses. (Article 208, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer, or officer of the law;

2) He maliciously refrains from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses; and,

3) He commits such acts in dereliction of the duties of his office.

6. Betrayal of trust by an attorney or solicitor

a. CONCEPT

In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor (procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. (Article 209, Act No. 3815, Revised Penal Code)

The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. (Paragraph 2, Article 209, Ibid.)

BREAKDOWN:

1) The offender is an attorney-at-law or solicitor (procurador judicial);

2) He prejudices his client, or reveal any of the secrets of the latter learned by him in his professional capacity; and,

3) He commits such acts by any malicious breach of professional duty or of inexcusable negligence or ignorance.

7. Revelation of secrets by an attorney or solicitor

a. CONCEPT

The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. (Paragraph 2, Article 209, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is an attorney-at-law or solicitor (procurador judicial);

2) He undertook the defense of a client or have received confidential information from said client in a case; and,

3) He undertook the defense of the opposing party in the same case, without the consent of his first client.

Section 2 – Bribery

8. Direct bribery

a. CONCEPT

Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift and] not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. (Article 210, Ibid.)

If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium period and a fine of not less than twice the value of such gift. (Paragraph 2, Article 210, Act No. 3815, Revised Penal Code)

If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a fine [of not less than the value of the gift and] not less than three times the value of such gift. (Paragraph 3, Article 210, Ibid.)

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification. (Paragraph 4, Article 210, Ibid.)

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (Last Paragraph, Article 210, Ibid.)

BREAKDOWN:

1st Mode

1) The offender is a public officer;

2) He agrees to perform an act constituting a crime;

3) It is in connection with the performance of this official duties; and,

4) It is in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.

2nd Mode

1) The offender is a public officer;

2) He agrees to perform an act not constituting a crime;

3) It is in connection with the performance of this official duties;

4) It is in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another; and,

5) The officer executed said act.

3rd Mode

1) The offender is a public officer;

2) He agrees to refrain from doing something;

3) It was his official duty to do; and,

4) It is in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.

ASSESSORS, ARBITRATORS, APPRAISAL AND CLAIM COMMISSIONERS, EXPERTS, ETC.: The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (Last Paragraph, Article 210, Ibid.)

9. Indirect bribery

a. CONCEPT

The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (Article 211, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He accepts gifts offered to him by reason of his office.

10. Corruption of public officials

a. CONCEPT

The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles. (Article 212, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender made the offers or promises or given the gifts or presents as described in the preceding articles

Chapter Three: Frauds and Illegal Exactions and Transactions

11. Frauds against the public treasury and similar offenses

a. CONCEPT

The penalty of prision correccional in its medium period to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who:

1) In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;

2) Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the following acts or omissions:

a) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law.

b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.

c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law. (Article 213, Ibid.)

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied. (Paragraph 2, Article 213, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He commits any of these acts:

a) In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, he enters into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;

b) Being entrusted with the collection of taxes, licenses, fees and other imposts, he is guilty of any of the following acts or omissions:  

i) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law.

ii) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.

iii) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law.

BIR OFFICER/EMPLOYEE: When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied. (Paragraph 2, Article 213, Ibid.)

12. Other frauds

a. CONCEPT

In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of the frauds or deceits enumerated in said provisions. (Article 214, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He commits any of the frauds or deceits enumerated in said provisions; and,

3) He commits such acts taking advantage of his official position.

13. Prohibited transactions

a. CONCEPT

The penalty of prision correccional in its maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. (Article 215, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a an appointive public officer;

2) He directly or indirectly becomes interested in any transaction of exchange or speculation within the territory subject to his jurisdiction; and,

3) He commits such acts during his incumbency.

14. Possession of prohibited interest by a public officer

a. CONCEPT

The penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene. (Article 216, Act No. 3815, Revised Penal Code)

This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate. (Paragraph 2, Article 216, Ibid.)

BREAKDOWN:

1) The offender is a public officer; and,

2) He directly or indirectly becomes interested in any contract or business in which it is his official duty to intervene.

EXPERTS, ARBITRATORS, PRIVATE ACCOUNTANTS: This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate. (Paragraph 2, Article 216, Ibid.)

CHAPTER 4: MALVERSATION OF PUBLIC FUNDS OR PROPERTY

PRIVATE INDIVIDUALS: The provisions of this chapter shall apply to private individuals who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or property and to any administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual. (Article 222, Ibid.)

15. Malversation of public funds or property

a. CONCEPT

Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed two hundred pesos.

2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two hundred pesos but does not exceed six thousand pesos.

3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than six thousand pesos but is less than twelve thousand pesos.

4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.

In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. (Article 217, Act No. 3815, Revised Penal Code)

ELEMENTS OF THE CRIME OF MALVERSATION:

1) That the offender be a public officer;

2) That he had custody or control of funds or property by reason of the duties of his office;

3) That those funds or property were public funds or property for which he was accountable; and,

4) That he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them. (Zoleta v. Sandiganbayan, G.R. No. 185224, 29 July 2015)

PRESUMPTION OF MALVERSATION: PRIMA FACIE EVIDENCE: The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. (Last paragraph, Article 217, Ibid.)

16. Failure of accountable officer to render accounts

a. CONCEPT

Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of two months after such accounts should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or both. (Article 218, Act No. 3815, Revised Penal Code)

ELEMENTS OF THE CRIME:

1) That the offender is a public officer whether in the service or separated therefrom;

2) That he must be an accountable officer for public funds or property;

3) That he is required by law or regulation to render accounts to the COA or to a provincial auditor; and,

4) That he fails to do so for a period oftwo months after such account should be rendered. (Lumauig v. People, G.R. No. 166680, 07 July 2014)

17. Failure of a responsible public officer to render accounts before leaving the country

a. CONCEPT

Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both. (Article 219, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He unlawfully leaves or attempts to leave the Philippines;

3) He performs such act without securing a certificate from the Commission on Audit showing that his accounts have been finally settled

18. Illegal use of public funds or property

a. CONCEPT

Any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification. (Article 220, Act No. 3815, Revised Penal Code)

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum misapplied. (Paragraph 2, Article 220, Ibid.)

BREAKDOWN:

1) The offender is a public officer;

2) He applies any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance

19. Failure to make delivery of public funds or property

a. CONCEPT

Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he failed to pay. (Article 221, Act No. 3815, Revised Penal Code)

This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery. (Paragraph 2, Article 221, Ibid.)

The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos. (Paragraph 3, Article 221, Ibid.)

BREAKDOWN:

1st Mode

1) The offender is a public officer;

2) He is under obligation to make payment from Government funds in his possession; and,

3) He fails to make such payment.

2nd Mode

1) The offender is a public officer;

2) He is ordered by competent authority to deliver any property in his custody or under his administration; and

3) He refuses to make such delivery.

CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS

Section 1 – Infidelity in the custody of prisoners

20. Conniving with or consenting to evasion

a. CONCEPT

Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished:

1) By prision correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any penalty.

2) By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance. (Article 223, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer; and,

2) He consents to the escape of a prisoner in his custody or charge.

21. Evasion through negligence

a. CONCEPT

If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary special disqualification. (Article 224, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is an officer charged with the conveyance or custody of the escaping prisoner; and,

2) The evasion of the prisoner have taken place through the negligence of the officer.

22. Escape of prisoner under the custody of a person not a public officer

a. CONCEPT

Any private person to whom the conveyance or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public officer. (Article 225, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a private person to whom the conveyance or custody or a prisoner or person under arrest has been confided; and,

2) He commits any of the offenses mentioned in the two preceding articles.

Section 2 – Infidelity in the custody of document

23. Removal, concealment or destruction of documents

a. CONCEPT

Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:

1) The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest.

2) The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious. (Article 226, Act No. 3815, Revised Penal Code)

In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification shall be imposed. (Paragraph 2, Article 226, Ibid.)

BREAKDOWN:

1) The offender is a public officer; and,

2) He removes, destroys or conceals documents or papers officially entrusted to him.

24. Officer breaking seal

a. CONCEPT

Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos. (Article 227, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He is charged with the custody of papers or property sealed by proper authority; and,

3) He breaks the seals or permit them to be broken.

25. Opening of closed documents

a. CONCEPT

Any public officer not included in the provisions of the next preceding article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos. (Article 228, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer not included in the provisions of the next preceding article;

2) He opens or permits to be opened any closed papers, documents or objects entrusted to his custody; and,

3) He performs such acts without proper authority.

Section 3 – Revelation of secrets

26. Revelation of secrets by an officer

a. CONCEPT

Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed. (Article 229, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He reveals any secret known to him by reason of his official capacity, or wrongfully delivers papers or copies of papers of which he may have charge and which should not be published

27. Public officer revealing secrets of private individual

a. CONCEPT

Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos. (Article 230, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer to whom the secrets of any private individual shall become known by reason of his office; and,

2) He reveals such secrets.

CHAPTER 6: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

28. Open disobedience

a. CONCEPT

Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos. (Article 231, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a judicial or executive officer;

2) He openly refuses to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities.

29. Disobedience to order of superior officers, when said order was suspended by inferior officer

a. CONCEPT

Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium periods and perpetual special disqualification. (Article 232, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He has for any reason suspended the execution of the orders of his superiors; and,

2) He disobeys such superiors after the latter has disapproved the suspension.

30. Refusal of assistance

a. CONCEPT

The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed. (Article 233, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) Upon whom demand is made from competent authority;

3) He fails to lend his cooperation towards the administration of justice or other public service.

31. Refusal to discharge elective office

a. CONCEPT

The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. (Article 234, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender has been elected by popular election to a public office; and,

2) He refuses without legal motive to be sworn in or to discharge the duties of said office.

32. Maltreatment of prisoners

a. CONCEPT

The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner. (Article 235, Act No. 3815, Revised Penal Code)

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused. (Paragraph 2, Article 235, Ibid.)

BREAKDOWN:

1) The offender is a public officer or employee;

2) He overdoes himself in the correction or handling of a prisoner or detention prisoner under his charge:

a) By the imposition of punishment not authorized by the regulations; or

b) By inflicting such punishment in a cruel and humiliating manner.

Section 2 – Anticipation, prolongation and abandonment of the duties and powers of public office

33. Anticipation of duties of a public office

a. CONCEPT

Any person who shall assume the performance of the duties and powers of any public officer or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from 200 to 500 pesos. (Article 236, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender assumes the performance of the duties and powers of any public officer or employment; and,

2) He performs such acts without first being sworn in or having given the bond required by law.

34. Prolonging performance of duties and powers

a. CONCEPT

Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos. (Article 237, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He continues to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case.

35. Abandonment of office or position

a. CONCEPT

Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor. (Article 238, Act No. 3815, Revised Penal Code)

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of Book Two of this Code, the offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime. (Paragraph 2, Article 238, Ibid.)

BREAKDOWN:

1) The offender is a public officer;

2) Before the acceptance of his resignation, he abandons his office to the detriment of the public service .

Section 3 – Usurpation of powers and unlawful appointments

36. Usurpation of legislative powers

a. CONCEPT

The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof. (Article 239, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He encroaches upon the powers of the legislative branch of the Government, either:

a) By making general rules or regulations beyond the scope of his authority; or,

b) By attempting to repeal a law or suspending the execution thereof.

37. Usurpation of executive functions

a. CONCEPT

Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period. (Article 240, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a judge;

2) He:

a) Assumes any power pertaining to the executive authorities; or,

b) Obstructs the latter in the lawful exercise of their powers

38. Usurpation of judicial functions

a. CONCEPT

The penalty of arresto mayor in its medium period to prision correccional in its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its jurisdiction. (Article 241, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is an officer of the executive branch of the Government;

2) He:

a) Assumes judicial powers; or,

b) Obstructs the execution of any order or decision rendered by any judge within its jurisdiction.

39. Disobeying request for disqualification

a. CONCEPT

Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos. (Article 242, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He continues any proceeding after having been lawfully required to refrain from so doing; and,

3) He performs such acts before the question of jurisdiction is decided.

40. Orders or requests by executive officers to any judicial authority

a. CONCEPT

Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos. (Article 243, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is an executive officer; and,

2) He addresses any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice.

41. Unlawful appointments

a. CONCEPT

Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos. (Article 244, Act No. 3815, Revised Penal Code)

BREAKDOWN:

1) The offender is a public officer;

2) He knowingly nominates or appoints to any public office any person lacking the legal qualifications therefor.

Section 4 – Abuses against chastity

42. Abuses against chastity

a. CONCEPT

The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed:

1) Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; 

2) Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. (Article 245, Act No. 3815, Revised Penal Code)

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification. (Paragraph 2, Article 245, Ibid.)

BREAKDOWN:

1st Mode

1) The offender is a public officer; and,

2) He solicits or makes immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer.

2nd Mode

1) The offender is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; and,

2) He solicits or makes immoral or indecent advances to a woman under his custody.

Disclaimer: All information herein is for educational and general information only intended for those preparing for the bar exam. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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