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203 WHO ARE PUBLIC OFFICERS

REQUISITES: To be a public officer, one must be


1. Taking part in the performance of public functions in the govt, or performing in said govt or in any of its branches, public duties as an EE, AGENT or SUBORDINATE official, of
any rank or class; &
2. That his authority to take part in the performance of public finctions or to perform public duties must be:
a. By direct provision of the LAW
b. By popular ELECTION
c. By APPOINTMENT by competent authority
Public officers embraces every public servant from the highest to the lowest. For the purposes of RPC, no distinction between officer & employee
CRIME
Elements

204
KNOWINGLY Rendering Unjust
Judgment
Judge knowingly renders judgment that
is a)contrary to law; b) not supported
by evidence; or c) both, in a case
submitted to him for decision.
error in GF

205
Judgment Rendered thru NEGLIGENCE

206
Unjust INTERLOCUTORY Judgment

Judge, thru INEXCUSABLE


NEGLIGENCE/IGNORANCE, renders a
manifestly unjust judgment (so manifestly
contrary to law, that even a lay person cannot
doubt injustice) in a case submitted to him for
decision.
abuse of discretion
mere error

Judge either knowingly, or thru inexcusable


negligence, renders unjust interlocutory
order/decree.

207 Malicious Delay in the Administration of Justice


Judge, w/ deliberate intent to prejudice/inflict damage on a party in the proceeding, maliciously delays the administration of justice.
If there is NO MALICE, but committed thru Gross Negligence RA 3019 Sec. 3(c)
208 - Dereliction of Duty in Prosecution of Offenses
1. Maliciously REFRAINING from instituting prosecution against violators of the law;
2. Maliciously TOLERATING the commission of a crime
Offender, a PO who has a duty to prosecute offenses, knowing the commission of a crime does not cause the prosecution of the criminal; or knowing that the crime
is about to be committed, tolerates its commission, with MALICE & DELIBERATE INTENT to FAVOR to violator of the law.
Guilt of violator is prejudicial question to the liability of the officer charged.
209 Betrayal of Trust /Revelation of Secrets by an Attorney/Solicitor
1. Causing damage to his client either a) by any MALICIOUS BREACH of his professional DUTY; or b) INEXCUSABLE NEGLIGENCE/IGNORANCE;
if no damageadministrative/civil liability
2. REVEALING any of the secrets of his client learned by him in his professional capacity
Damage is not necessary
3. Undertaking the defense of the OPPOSING party in the same case W/O CONSENT of his 1 st client after having undertaken the defense of the said 1 st client or after
having received confidential info from said client
Procurador judicial not a lawyer permitted to represent a party in a case before an inferior court.

CRIME

210
DIRECT BRIBERY

ACTS

1. AGREEING to perform/PERFORMING in
consideration of any OFFER/PROMISE/GIFT an
act constituting a CRIME, in connection w/ the
perf of official dutes. (mere agreemt is
enough);
2. ACCEPTING a GIFT in consideration of the
execution of an act w/c does NOT constitute a
crime, in connection w/ the perf of his official
duty. (gift must be accepted; act must be
unjust) mere agreement or promise by the
PO is not enough;
3. AGREEING to REFRAIN/REFRAINING from
doing something w/c is his official DUTY to do,
in consideration of a GIFT/PROMISE. (if not for
a gift/promise Dereliction of Duty
O is a PO who accepts an offer/promise; or
receives a gift by himself or thru another, to
perform the acs/omissions abovestated, w/c
are connected w/ his official duties

ELEMENTS

Offender/s

Public Officers: assessors, arbitrators,


appraisal & claim commissioners, experts
or any other person performing public
duties. Even temporary performance of
public functions constitutes a person a
public officer.

211
INDIRECT BRIBERY

211-A
QUALIFIED BRIBERY

212
CORRUPTION OF PUBLIC
OFFICIALS

O - is a PO who accepts gifts


offered to him by reason of his
office.
(consummated by mere
acceptance)
even if there was a SORT of
agreemt
even during occasions.

O - a public officer entrusted w/


LAW ENFORCEMENT who
REFRAINS from
ARRESTING/prosecuting an
offender who has committed a
crime punishable by reclusion
perpetua-D in consideration of
a PROMISE/GIFT.

Omakes/offers/promises/gives
gifts/presents to a public officer
under the circumstances that
will make the PO liable for
Direct or Indirect Bribery. (even
if demanded by the PO and NOT
voluntarily given by the
Offender)

Public officer

a public officer entrusted w/


LAW ENFORCEMENT

CRIME committed must be


punishable be RP-Death. If
lesser penaltyDereliction or
Direct Bribery

Attempted if PO refuses
PD 749 grants immunity to the
givers of bribes & to the
accomplices if they willingly
testify in bribery/graft cases
when: info refers to
consummated violations and
necessary for the conviction
and not yet in possession of the
state and can be corroborated
on its material points and
informant has not been
previously convicted of a crime
involving moral turpitude.

213
Fraud Against the TREASURY & Similar offenses
1. ENTERING into an AGREEMENT w/ any interested party/speculator to
DEFRAUD the govt in dealing w/ any person w/ regard to:
a) Furnishing supplies
b) Making of contracts
c) Adjustment/settlement of accounts relating to public funds
O PO, taking adv of his office (he intervened in the transaction in his
official capacity), entered into an agreement w/ any interested
party/speculator or made use of any scheme w/ regard to a),b)c), with
INTENT to defraud the govt.
Illegal Exactions
2. DEMANDING in/directly the payment of sums DIFFERENT/LARGER than
those authorized by law, in the collection of TAXES/LIENS/FEES & other
IMPOSTS;
3. FAILING voluntarily to issue RECEIPTS for any sum of money collected by
him officially in the collection of TAXES/LIENS/FEES & other IMPOSTS;
4. COLLECTING/RECEIVING in/directly by way of payment or otherwise
THINGS/OBJECTS of a nature DIFFERENT form that provided by law in the
collection of TAXES/LIENS/FEES & other IMPOSTS.
O PO must be entrusted w/ the collection of TAXES/LIENS/FEES & other
IMPOSTS.
mere demand for a larger/different amt
When there is DECEIT in demanding a GREATER feeEstafa
If he collected a LARGER sum and then SPENT it Illegal Exaction &
Malversation
n/a to BIR ees.

214
Other Frauds

215
Prohibited Transactions
O - is an APPOINTIVE public officer (judge, justice, fiscal, ee engaged in collection &
admin of public funds) who, during his incumbency, becomes interested in/directly in
any TRANSACTION of EXCHANGE/SPECULATION (buying stocks, selling stocks,
commodities, land etc) w/in the territory subj to his JURISDICTION.
Not merely purchasing stocks/shares in a company as an investment, but
buying regularly securities for resale

216
Possession of Prohibited Interests by a Public Officer
1. PO who in/directly became INTERESTED in any CONTRACT/BUSINESS in w/c
it wash his official duty to INTERVENE;
2. EXPERTS/ARBITRATORS/PRIVATE ACCOUNTANTS who, in like manner took
part in any contract/transaction connected w/ the estate/property in the
appraisal, distribution/adjudication of w/ they had acted;
3. GUARDIANS/EXECUTORS w/ respect to the property belonging to their
wards.
Actual fraud is NOT necessary
Intervention must be by virtue of public ofc held
n/a if the PO intervenes in contracts NOT connected to his office.

O a PO taking adv of his official position commits:


a) Estafa
b) Other forms of Swindling
c) Swindling a minor
d) Other deceits
Penalty is IN ADDITION to those prescribed in the articles violated
NOT a crime but a Special AC

CRIME

217
MALVERSATION of public funds
(Embezzlement)

218
FAILURE of
accountable officer to
RENDER ACCOUNTS

OFFENDER

1.

Public officer
ACCOUNTABLE for public
funds/property & required
by law to render acts to
the COA or to a Provincial
Auditor (whether in the
service or separated
therefrom)

2.

ELEMENTS

Malversation
public officer

PO who had the


CUSTODY/CONTROL of
funds/property by reason of his
office
if PO had no authority to
receive the moneyEstafa
Private indiv in
conspiracy/accessory/accomplic
e or
custodian/depositary/admin of
the pub funds/prop

O either
1. APPROPRIATES
2. TAKES/MISAPPROPRIATES
3. CONSENTs or thru
ABANDONMENT/NEGLIGENCE
, permits any other person to
take such public
funds/property
4. IS GUILTY of the
MISAPPROP/MALVERSATION
of such funds/property
And the funds were PUBLIC for w/c
he was accountable.
Presumption when the demand
is made upon the accountable
officer and the same is not
forthcoming.
Return of malversed fundMC
only
Demand & damage to govt is
not necessary

O - fails to render
accounts for 2 months
after such accounts shld
be rendered.

Demand for
accounting is not
necessary
Misappropriation is
not necessary, BUT if
there is, he is ALSO
liable for
Malversation.

Estafa
Private indiv

219
FAILURE of responsible
PO to render accts
before LEAVING the
COUNTRY
Any public officer

220
ILLEGAL USE of PUBLIC
FUNDS (Technical
Malversation)

221
FAILURE to make
DELIVERY of PUBLIC
FUNDS/PROPERTY

Public Officer accountable


for public funds

PO in possession of govt
funds & under obligation
to make payment from
such funds

O who has unlawfully


left of be on point of
leaving the PH without
securing from COA a
certificate showing his
accounts have been
finally settled.

O - applies public funds


(w/c has already been
APPROPRIATED by law or
ordinance) to a PUBLIC
use other than that for
w/c such funds/prop has
been appropriated.

O MALICIOUSLY fails to
make the payment

Act of leaving must at


least be unauthorized.

Malversation
Accountable public officer

Illegal Use of public funds


Same

public funds private funds


impressed w/ public character
conversion is NOT required
there is no need for prior demand
damage is not required

Private funds

Profits from the proceeds in certain


cases
Applied to his personal use or of
another person

Does not derive any personal gain


Applied to another public use

Q: PO loses money that is in the custody of the court as evidence


A: not malversation but rather Infidelity in the Custody of Docs 226
Q: What if trial has ended & money was to be delivered to owner/complainant but is misappropriated by officer
A: Malversation
Q: What if officer has NO authority as custodian
A: Theft

INFIDELITY IN THE CUSTODY OF PRISONERS


CRIME
223
CONNIVING with or CONSENTING to EVASION
OFFENDER

Public officer who had in his CUSTODY/CHARGE a


prisoner (detention/convicted)

ACTS

He connived w/ the prisoner for the latters escape


from his custody.
leniency & laxity & release of detention prisoner
who could not be delivered to the judicial authority
w/in the time fixed by law.

INFIDELITY IN THE CUSTODY OF DOCUMENTS


CRIME
226
REMOVAL/CONCEALMENT/DESTRUCTION of
Documents
OFFENDER
Public officer entrusted w/ documents/papers by
reason of his office
If private indiv w/ damage Estafa
If private indiv w/o damageMalicious
Mischief
ACTS
He REMOVES/CONCEALS/DESTROYS such
documents or papers resulting to DAMAGE to a 3rd
party or to the public.
Damage either to 3rd party/public interest is
necessary.
Removal must be for an illicit purpose (to
tamper w/ it, profit by it, or to commit an act
constituting a breach of trust)
Consummated upon removal/secreting away
from its usual place.

224
EVASION thru NEGLIGENCE
Public officer charged w/ the
CONVEYANCE/CUSTODY of a prisoner
(dentention/convicted)
Thru his negligence, the prisoner escapes.
not every negligence/distraction is penalized.
it is only that POSITIVE CARELESSNESS that is
SHORT OF DELIBERATE NON-PERF of his duties
as guard
Recapture MC only

225
ESCAPE of a prisoner under CUSTODY of a
person NOT a public officer
Private person to whom the
CONVEYANCE/CUSTODY of a prisoner/person
under arrest is confided to
Either CONSENTS or thru his NEGLIGENCE, the
prisoner escapes.
n/a if the private person was the one who
made the arrest and he consented to the
escape of the person he arrested.

227
OFFICER BREAKING SEAL

228
OPENING of closed Documents

Public officer charged w/ the CUSTODY of


SEALED papers/property

Public officer not granted proper authority &


not included in 227 to whom closed
papers/docs/object are entrusted by reason of
office

He BREAKS the seal of such, or PERMITS them


to be broken.

He OPENS such closed papers or PERMITS


them to be opened

Damage/intent to cause damage is NOT


necessary.

If in opening closed paper, the PO broke the


seal 227 because the offender must be a PO
not included in the preceding article.

REVELATION OF SECRETS
CRIME
OFFENDER

ACTS/ELEMENTS

Damage may consist in mere alarm to the


public.
229
Revelation of Secrets by an Officer
1. Public officer who knows of the secret by reason of his
official capacity.
2. Public officer who has charge of papers that shld not be
published
1. Revealing, without authority, ANY secret known to him by
reason of his official capacity, resulting to DAMAGE to
public interest.
2. Wrongfully DELIVERING to a 3rd person, wrongfully,
papers/copies of papers of w/c he may have
CHARGE/CONTROL/CUSTODY (not merely entrusted w/)
and w/c shld NOT be published, causing DAMAGE to public
interest.
If there is NO damageRA 3019(k)
Revelation of Secrets
Infidelity in the Custody of
Papers by Removing
Papers do NOT contain secrets,
Papers contain SECRETS &
shld not be published & the PO but their removal is for an
ILLICIT PURPOSE
having charge thereof
REMOVES & DELIVERS them
wrongfully to a 3rd person

CRIME

231
OPEN Disobedience

OFFENDER
ELEMENTS

JUDICIAL/EXECUTIVE officer
There is a JUDGMENT/DECISION/ORDER of a
superior authority
Made w/in the scope of JURISDICTION of the
superior authority and ISSUED w/ all the legal
formalities
WITHOUT justification, OPENLY REFUSES to
execute such judgment/decision/order, w/c he
is duty-bound to obey.

230
Public Officer Revealing Secrets of Private Individual
Public officer who knows of a secret of a PRIVATE individual by reason of
his office.
He reveals such secrets w/o authority or justifiable reason.

If O is a LAWYER Betrayal of Trust by an Atty 209


If O is a PRIVATE indiv 290/291
Public revelation is NOT necessary; revelation to ONE PERSON is
necessary & sufficient.
DAMAGE to a private indiv is NOT necessary.

232
Disobedience to ORDER of superior
officer when said order was SUSPENDED
by inferior officer
Public officer
An ORDER is issued by his superior for
execution.
He has for any reason, SUSPENDED the
execution of said order
His superior DISAPPROVES the suspension
of the execution of such order
He DISOBEYS his superior despite the
disapproval of the suspension.
N/A if order is illegal

233
REFUSAL of ASSISTANCE
Public officer
A competent authority DEMANDS from
the O that he lends his cooperation
towards the admin of justice or other
public service and he MALICIOUSLY fails
to do so.

There must be damage to public


interest or 3rd party
If offender is a private
indivcontempt

235 - MALTREATMENT of PRISONERS


Offender is a PO/EE who has under his CHARGE a convict/detention PRISONER and he MALTREATS such prisoner in either of the ff manners:
1. By OVERDOING himself in the CORRECTION/HANDLING the prisoner by:
a) The imposition of punishments NOT authorized by Regulations; or
b) Inflicting authorized punishments in a CRUEL/HUMILIATING manner.
2. By MALTREATING such prisoner to:
a) extort a CONFESSION; or
b) obtain some INFORMATION from the prisoner.
PO must have ACTUAL CHARGE of the prisoner.

O may ALSO be held SEPARATELY liable for Phys Injuries or Damage caused
There is NO COMPLEX CRIME OF Maltreatment w/ S/LS Phys injuries. They must be SEPARATE.

CRIME
OFFENDER
ELEMENTS

236
ANTICIPATION of DUTIES of a
Public Office
Person entitled to hold a public
office/ENT either by
election/appointment.
The law requires that he should be
SWORN IN and /or give a BOND;
He ASSUMES the performance of
the duties/powers of such office
w/o having taken the oath and/or
given the bond.

237
PROLONGING Performance of
Duties & Powers
Public officer holding public office
(suspended, separated, declared
overaged, dismissed)
The PERIOD provided by law for
holding such office has ALREADY
EXPIRED;
He CONTINUES to exercise the
duties/powers of such office

238
ABANDONMENT of Office
Public officer who has formally resigned by submitting a
written/formal resignation.
He ABANDONS his office to the detriment of public service
BEFORE his resignation is ACCEPTED.

QC: When the abandonment has for its purpose to evade


the discharge of the duties of preventing, prosecuting or
punishing:
1. Treason & Conspiracy/Proposal/Misprision
2. Espionage
3. Inciting to war/Giving motives for reprisals
4. Violation of neutrality
5. Correspondence w/ hostile country
6. Flight to enemy country
7. Piracy/Mutiny
8. Rebellion & Inciting
9. Coup detat & Conspiracy/Proposal
10. Disloyalty of Pub Officers
11. Sedition & Conspiracy/Inciting
Abandonment 238
Negligence & Tolerance 208
O any public officer
O POs who have the duty
to institute prosecution
O abandons his ofc to
PO does NOT abandon his
evade the discharge of
ofc but FAILS to prosecute
his duty
an offense by Dereliction of
duty or by Malicious
Tolerance
CRIME
OFFENDER
ACTS

242

239
Usurpation of LEGISLATIVE Power
Executive or Judicial Officer
1. MAKES general RULES/regulations
BEYOND the scope of his AUTHORITY;
2. ATTEMPTS to REPEAL a law;
3. SUSPENDS the EXECUTION thereof

240
Usurpation of EXECUTIVE Functions
A Judge
1. ASSUMES a power pertaining to
EXECUTIVE authorities; or
2. OBSTRUCTS the executive
authorities in the lawful EXERCISE
of their powers.
n/a to Legislative officers
If a councilor assumes the power of the
mayor Usurpation of
Authority/Official Functions

DISOBEYING REQUEST FOR DISQUALIFICATION


Offender is a PO;
A PROCEEDING is PENDING before such PO;
There is a QUESTION brought before the proper authority regarding his JURISDICTION, w/c is NOT YET DECIDED;
He has been lawfully REQUIRED to REFRAIN from continuing the proceeding;
He CONTINUES the proceeding.

241
Usurpation of JUDICIAL Functions
Executive Officer
1. ASSUMES judicial powers;
2. OBSTRUCTS the execution of any
ORDER/decision rendered by any judge
w/in his jurisdiction
3.


243

He would STILL be liable even if the jurisdictional question is resolved by the proper authority in his favor.
ORDERS/REQUESTS by EXECUTIVE OFFICERS to ANY JUDICIAL AUTHORITY
Offender is an EXECUTIVE Officer;
He addresses any ORDER/SUGGESTION to any JUDICIAL authority;
w/c RELATES to any case/business coming w/in the EXCLUSIVE JURISDICTION of the courts of justice,

n/a to legislative & judicial authorities


244 UNLAWFUL APPOINTMENTS
Offender is a PO
Who NOMINATES/APPOINTS a person to PUBLIC OFFICE;
Such person LACKS the legal qualifications therefor;
O KNOWS this fact at the time he made the nomination/appointment.
245 ABUSES AGAINST CHASTITY
Offender is a PO who SOLICITS/MAKES immoral advances to:
1. A woman INTERESTED in the MATTERS PENDING before the offending officer for DECISION, or w/ respect to w/c he is required to submit a REPORT to or CONSULT w/
a superior officer;
2. A woman under the offenders CUSTODY;
3. The WIFE/DAUGHTER/SISTER/RELATIVE w/in the same degree of AFFINITY of any person in the CUSTODY of the offending officer Mother.
Consummated by mere proposal. If O succeeds the solicitation & advances are considered merely preparatory acts.
Proof of solicitation is NOT necessary when there is sexual intercourse
RA 7877 applies where the accused demands, requests or otherwise requires any sexual favors from the victim in a WORK/EDUC/TRAINING related environment.