ARTICLE 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 government, or performing in said Government or in any of its
branches public duties as an employee, agent or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties must be –
a. By direct provision of the law; or
b. By popular election; or
c. By appointment by competent authority.

*The term “public officers” embraces every public servant from the highest to the lowest. For the purposes of the RPC, it obliterates
the standard distinction in the law of public officers between “officer” and “employee.”
*Temporary performance of public functions by a laborer makes him a public officer.

Misfeasance
Improper performance of some act which might lawfully be done.
Malfeasance
The performance of some act which ought not to be done.
Nonfeasance
Omission of some act which ought to be performed.

That it is due to his inexcusable negligence or ignorance. *Abuse of discretion or mere error of judgment is NOT punishable. . 2.. *There is no liability at all for a mere error in good faith. That the judgment is unjust. There must be evidence that the judgment is unjust for it cannot be presumed and the judge knew that the judgment is unjust. or both. That he renders a judgment in a case submitted to him for decision. That the offender is a judge. Bribery. *Art. or is not supported by evidence. 1987). *Knowingly means consciously. Ill-will or revenge. 2. *An unjust judgment is rendered knowingly when it is made deliberately and maliciously. and 4. Therefore. The Supreme Court must have declared the judgment as unjust in a certiorari. or intentionally (Black’s Law Dictionary. in an action or proceeding. That the judgment is manifestly unjust. That the judge knows that his judgment is unjust. No. Error. 3. 784). there is no need for a declaration by the Supreme Court that the same is unjust in order to result in conviction (Albert). G. or administrative proceeding. intelligently. willfully.ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT Elements: 1. 204 has no application to members of a collegiate court who reach their conclusions in consultation and accordingly render their collective judgment after due deliberation (In Re: Laureta. prohibition. ARTICLE 205 JUDGMENT RENDERED THROUGH NEGLIGENCE Elements: 1.R. That he renders a judgment in a case submitted to him for decision. May 14. that even a person having a meager knowledge of the law cannot doubt the injustice. 2. Unjust judgment It is one which is contrary to law. That the offender is a judge. 3. or 3. and 4. 68635. Sources of unjust judgment: 1. “Manifestly Unjust Judgment” It is so manifestly contrary to law. 5th ed. Judgment It is the final consideration and determination of a court of competent jurisdiction upon the matters submitted to it.

Interlocutory order It is an order which is issued by the court between the commencement and the end of a suit or action and whichdecides some point or matter. . That there is a proceeding in his court. but which. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. *If the delay is NOT malicious. *Example: An order granting preliminary injunction or an order appointing a receiver is an interlocutory order. That the offender is a judge. That he delays the administration of justice. Sec. *Does it leave something to be done in the trial court with respect to the merits of the case? If it does. it is interlocutory. 2. That the offender is a judge. 2. if it does not. but committed through gross negligence. the crime committed is that under RA 3019. or b.ARTICLE 206 UNJUST INTERLOCUTORY ORDER Elements: 1. ARTICLE 207 MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE Elements: 1. that is. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. 3(e). Knowingly renders unjust interlocutory order or decree. it is final. That he performs any of the following acts: a. *Mere delay without malice is NOT a felony under this article. however. and 4. That the delay is malicious. 3. is not a final decision of the matter in issue.

Maliciously signifies deliberate intent. harbored. Causing damage to his client. or to prosecute offenses. Revealing any of the secrets of his client learned by him in his professional capacity. Elements: 1. concealed. whose duty is to institute criminal proceedings for felonies upon being informed of their perpetration. as prosecuting officer. 2. where he is not convinced that the evidence gathered or presented would warrant the filing of an action in court. but not a lawyer. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of. Officer of the law . *The fiscal or the city attorney.ARTICLE 208 PROSECUTION OF OFFENSES. having the duty of prosecuting the offender. and 3. Undertaking the defense of the opposing party in the same case without the consent of his first client after having undertaken the defense of said first client or after having received confidential information from said client.Includes all those who. *The guilt of the offender is a prejudicial question to the liability of the officer charged under this provision. either: a. 208? 1. and was permitted to represent a party in a case before an inferior court. or assisted in the escape of the latter. there is no crime. By maliciously tolerating the commission of a crime. If the client consents to the attorney’s taking the defense of the other party. or impeding the prosecution of a criminal offender is liable under PD 1829. By maliciously refraining from instituting prosecution against violators of the law. . That the offender acts with malice and deliberate intent to favor the violator of the law. 2. accepts. discounting. He does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission. or agrees to accept any benefit in consideration of abstaining from. Who Can Be Offenders in Art. 2. *Any person who solicits. NEGLIGENCE AND TOLERANCE Acts punished: 1. Damage is NOT necessary. *Negligence is the neglect of the duties of his office by maliciously failing to move the prosecution and punishment of the delinquent. 2. or b. Inexcusable negligence or ignorance. are duty-bound to cause prosecution and punishment of offenders. is under no compulsion to file the corresponding information based upon as complaint. ARTICLE 209 BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR — REVELATION OF SECRETS Acts punished: 1. *Liability of public officer who. is that of the principal in the crime of dereliction of duty in the prosecution of offense. by reason of the position held by them. Procurador judicial A person who had some practical knowledge of law and procedure. 3. By any malicious breach of professional duty. Public officer .Officers of the prosecution department. *Malice is an important element in this Article.

only the person making the offer or promise is liable for Attempted Corruption of a Public Officer. or by refraining. in connection with the performance of his official duty. or gift or present received by the public officer – a. property. In consideration of the execution of an act which does not constitute a crime. only the person offering the gift or present is criminally liable for attempted corruption of public officer under Article 212 in relation to Article 6. the temporary performance of public functions is sufficient to constitute a person a public officer. promise. It must have a value or be capable of pecuniary estimation (Reyes.). This element is not necessary in the crime of prevaricacion.ARTICLE 210 DIRECT BRIBERY Acts Punished: 1. That the offender be a public officer. *The gift must be accepted by the public officer. *The act which the public officer agrees to perform must be connected with the performance of official duties. gift or present. By agreeing to perform. or c. *The act must be unjust. in consideration of a gift or promise. appraisal and claim commissioners. from doing something which it is his official duty to do. . experts or any other persons performing public duties (Art. 387). 210 are made applicable to assessors. *The third form of direct bribery differs from prevaricacion (Art. an act constituting a crime. last par. or by performing in consideration of any offer. That the offender accepts an offer or a promise or receives a gift or present by himself or through another. 4. That such offer or promise be accepted. Absent such acceptance. 208) in that in bribery. Elements of direct bribery: 1. The public officer is not liable. *The thing offered or accepted may be money. arbitrators. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties. 2. With a view to committing some crime. By accepting a gift in consideration of the execution of an act which does not constitute a crime. services or anything else of value. 3. It may be received by the public officer himself or through a third person. *The acceptance of the offer or promise is enough to consummate the crime. *The provisions of Art. the offender refrained from doing his official duty in consideration of a gift received or promised. p. 3. *For the purpose of punishing bribery. 2. By agreeing to refrain. or b. in connection with the performance of his official duties. but the act must be unjust. 210. *If the offer is not accepted by the public officer. To refrain from doing something which it is his official duty to do.

directly or indirectly. *The guilt of the offender is a prejudicial question to the liability of the officer charged under this provision. If he does not accept the gifts. even promise to do an act. it is consummated. Direct Bribery Indirect Bribery In both crimes the public officer receives gift. or offers to give: Any gift. gift or present. *Included within the prohibition is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives. That the offender refrains from arresting or prosecuting the offender in consideration of any promise. The offender agrees to perform or performs an act or refrains It is not necessary that the officer should do any particular act or from doing something. and giving of gifts by private persons. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death. . on any occasion. Any public official or employee who receives. *PD 46 punishes: 1. There is an agreement between the public officer and the giver of No such agreement exists. *It is considered indirect bribery even if there was a sort of an agreement between public officer and giver of gift. ARTICLE 211-A QUALIFIED BRIBERY Elements: 1. That he accepts gifts.ARTICLE 211 INDIRECT BRIBERY Elements: 1. and *If the crime committed is punishable by a penalty less than reclusion perpetua. That the said gifts are offered to him by reason of his office. and 3. gift or present. Any private person who gives. including Christmas is punishable. *There is no attempted or frustrated indirect bribery because it is committed by accepting gifts offered to the public officer by reason of his office. If he accepts the gifts. as it is enough that he accepts gifts offered to him by reason of his office. present or other valuable thing to any occasion. because of the gift or promise. whether the same is for past favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. 2. 2. and 2. he does not commit the crime. 3. the public officer is liable under Article 208 and direct bribery. when such gift. *Receiving of gifts by public officials and employees. That the offender is a public officer. present or other valuable thing is given by reason of the former’s official position. That the offender is a public officer entrusted with law enforcement.

under circumstances that will make the public officer liable for direct bribery or indirect bribery.A. R. as amended. rules and regulations punishing acts of graft. 2). *This article is concerned with the liability of the person who shall have made the offers or promises or given the gifts to the public officer. 210. the following conditions must concur: a. The immunity shall not attach if the information turned out to be false and malicious or made only for the purpose of harassing.ARTICLE 212 CORRUPTION OF PUBLIC OFFICIALS Elements: 1. promise. Such information and testimony are not yet in the possession of the State. Sec. That the offender makes offers or promises or gives gifts or presents to a public officer. That the offers or promises are made or the gifts or presents given to a public officer. molesting or in any way prejudicing the public officer denounce (Sec. 3019. and 2. 3604 of the Tariff and Customs Code and other provisions of said Codes penalizing abuse or dishonesty on the part of the public officials concerned. and other laws. 345 of the Internal Revenue Code and Sec. corruption and other forms of official abuse. For the immunity to be enjoyed. 212 of the RPC. The information and testimony are necessary for the conviction of the accused public officer. The information must refer to consummated violations of Arts. d. *The crime is attempted if the offer. 1). gift or present was refused and consummated if accepted. The informant or witness has not been previously convicted of a crime involving moral turpitude (Sec. . Such information and testimony can be corroborated on its material points. c. and e. b. 211. PD 749 grants immunity from prosecution to givers of bribes and other gifts and to their accomplices if they willingly testify against public officers or employees in bribery and other graft cases.